Rule 10.71 Appointment by the court (section 291A(2))

(1)

This rule applies where the court appoints the trustee under section 291A(2) M1.

(2)

The court's order must not be made unless and until the proposed appointee has filed with the court a statement that the proposed appointee is an insolvency practitioner, qualified to act as the trustee in relation to the bankrupt and consents to act.

(3)

The order of the court must contain—

(a)

identification details the proceedings;

(b)

the name and title of the judge making the order;

(c)

the name and postal address of the applicant;

(d)

the capacity in which the applicant made the application;

(e)

identification and contact details for the person appointed as trustee;

(f)

a statement that that the appointee has filed a statement of qualification to act as an insolvency practitioner in relation to the bankrupt and of consent to act;

(g)

the order that the appointee is appointed trustee of the bankrupt's estate; and

(h)

the date of the order.

(4)

Where two or more trustees are appointed the order must also specify (as required by section 292(3)) the circumstances in which the trustees must act together and the circumstances in which one or more of them may act for the others.

(5)

The court must deliver two copies of the order, one of which must be sealed, to the official receiver.

(6)

The official receiver must deliver the sealed copy of the order to the person appointed as trustee.

(7)

The trustee's appointment takes effect from the date of the order.

Annotations

Marginal citations

M1: Section 291A is inserted by section 133(1) of the Small Business, Enterprise and Employment Act 2015 (c.26).