Paragraph 106 Insertion of new Rule 12.23

After Rule 12.22 there shall be inserted—

“Notice of order under Article 150A(5)

12.23

(1)

Where the court makes an order under Article 150A(5), it shall as soon as reasonably practicable send two sealed copies of the order to the applicant and a sealed copy to any other insolvency practitioner who holds office in relation to the company.

(2)

Where the court has made an order under Article 150A(5), the liquidator, administrator or receiver, as the case may be, shall, as soon as reasonably practicable, send a sealed copy of the order to the company.

(3)

Where the court has made an order under Article 150A(5), the liquidator, administrator or receiver, as the case may be, shall as soon as reasonably practicable, give notice to each creditor of whose claim and address he is aware.

(4)

Paragraph (3) shall not apply where the court directs otherwise.

(5)

The court may direct that the requirement in paragraph (3) is complied with by the liquidator, administrator or receiver, as the case may be, publishing a notice in such newspaper as he thinks most appropriate for ensuring that it comes to the notice of the company’s unsecured creditors stating that the court has made an order disapplying the requirement to set aside the prescribed part.

(6)

The liquidator, administrator or receiver shall send a copy of the order to the registrar as soon as reasonably practicable after the making of the order.

• [E.R. 12.22]”