Rule 7.71 Final account prior to dissolution (section 146)

(1)

The final account which the liquidator is required to make up under section 146(2) M1 and deliver to creditors must comply with the requirements of rule 18.14.

(2)

When the account is delivered to the creditors it must be accompanied by a notice which states—

(a)

that the company's affairs are fully wound up;

(b)

that the creditor has the right to request information from the liquidator under rule 18.9;

(c)

that a creditor has the right to challenge the liquidator's remuneration and expenses under rule 18.34;

(d)

that a creditor may object to the release of the liquidator by giving notice in writing to the liquidator before the end of the prescribed period;

(e)

that the prescribed period is the period ending at the later of —

(i)

eight weeks after delivery of the notice, or

(ii)

if any request for information under rule 18.9 or any application to court under that rule or rule 18.34 is made when that request or application is finally determined;

(f)

that the liquidator will vacate office under section 172(8) M2 as soon as the liquidator has complied with section 146(4) by filing with the court and delivering to the registrar of companies the final account and notice containing the statement required by section 146(4)(b) of whether any creditors have objected to the liquidator's release; and

(g)

that the liquidator will be released under section 174(4)(d)(ii) M3 at the same time as vacating office unless any of the creditors objected to the release.

(3)

The liquidator must deliver a copy of the notice under section 146(4) to the Secretary of State.

(4)

Rule 7.69 applies to an application by the liquidator to the Secretary of State for release.

Annotations

Marginal citations

M1: Section 146 is substituted by paragraph 38 of Schedule 9 to the Small Business, Enterprise and Employment Act 2015 (c.26).
M2: A new subsection (8) is substituted by paragraph 43(4) of Schedule 9 to the Small Business, Enterprise and Employment Act 2015.
M3: A new subsection (4)(d)(ii) is substituted by paragraph 45(4) of Schedule 9 to the Small Business, Enterprise and Employment Act 2015.