Rule 7.39 Termination of appointment

(1)

The appointment of the provisional liquidator may be terminated by the court on the application of the provisional liquidator, or a person specified in rule 7.33(1).

(2)

If the provisional liquidator's appointment terminates, in consequence of the dismissal of the winding-up petition or otherwise, the court may give such directions as it thinks just relating to the accounts of the provisional liquidator's administration or any other matters which it thinks appropriate.

(3)

The provisional liquidator must give notice of termination of the appointment as provisional liquidator, unless the termination is on the making of a winding-up order or the court directs otherwise.

(4)

The notice referred to in paragraph (3)—

F1(a)

must be delivered as soon as reasonably practicable to—

(i)

the registrar of companies; and

(ii)

if a moratorium under Part A1 of the Act is in force for the company, the monitor;

(b)

must be gazetted as soon as reasonably practicable; and

(c)

may be advertised in such other manner as the provisional liquidator thinks fit.

(5)

The notice under paragraph (3) must state—

(a)

that the appointment as provisional liquidator has been terminated;

(b)

the date of that termination; and

(c)

that the appointment terminated otherwise than on the making of a winding-up order.

Annotations

Textual amendments

F1: Rule 7.39(4)(a) substituted (1.10.2021) by The Insolvency (England and Wales) (No.2) (Amendment) Rules 2021 (S.I. 2021/1028), rules 1, 39 (with rules 4, 5)