Rule 12.36 Power to make a block transfer orderC1C2
This rule applies where an office-holder (‘the outgoing office-holder’)—
dies;
retires from practice; or
is otherwise unable or unwilling to continue in office;
and it is expedient to transfer some or all of the cases in which the outgoing office-holder holds office to one or more office-holders (‘the replacement office-holder’) in a single transaction.
In a case to which this rule applies the court has the power to make an order (‘a block transfer order’) appointing a replacement office-holder in the place of the outgoing office-holder to be—
liquidator in any winding up (including a case where the official receiver is the liquidator by virtue of section 136) M1;
administrator in any administration;
supervisor of a CVA or an IVA F2; or
a monitor in respect of a moratorium under Part A1 of the Act.
The replacement office-holder must be—
qualified to act as an insolvency practitioner in relation to the company or bankrupt; or
where the replacement office-holder is to be appointed supervisor of an IVA—
qualified to act as an insolvency practitioner in relation to the debtor, or
a person authorised so to act.
Annotations
Textual amendments
- F1
Word in rule 12.36(2)(c) omitted (1.10.2021) by virtue of The Insolvency (England and Wales) (No.2) (Amendment) Rules 2021 (S.I. 2021/1028), rules 1, 48(a) (with rules 4, 5)
- F2
Words in rule 12.36(2)(d) inserted (1.10.2021) by The Insolvency (England and Wales) (No.2) (Amendment) Rules 2021 (S.I. 2021/1028), rules 1, 48(b) (with rules 4, 5)
- F3
Rule 12.36(2)(e) inserted (1.10.2021) by The Insolvency (England and Wales) (No.2) (Amendment) Rules 2021 (S.I. 2021/1028), rules 1, 48(c) (with rules 4, 5)
Marginal citations
- M1
Section 136(4), (5)(a) and (c) and (6) are amended by paragraph 31 of Schedule 9 to the Small Business, Enterprise and Employment Act 2015 (c.26).
- M2
Section 300(4) and (8)_ is amended, (3) is substituted and (3A) is inserted by paragraph 79 of Schedule 9 to the Small Business, Enterprise and Employment Act 2015 (c.26).
Modifications
- C1
Rule 12.36 applied (with modifications) (temp.) (26.6.2020) by Corporate Insolvency and Governance Act 2020 (c. 12), s. 49(1), Sch. 4 para. 47 (with ss. 2(2), 5(2), Sch. 4 para. 12)
- C2
Rules 12.35-12.38 applied (with modifications) (30.9.2021) by S.I. 2014/229, art. 2(2A), Sch. 1A paras. 1(4)(5), 35, 38 (as inserted by The Co-operative and Community Benefit Societies (Administration) (Amendment) Order 2021 (S.I. 2021/1048), arts. 1(1), 2)