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Rule 1.31 Application for conversion into winding upF1

Changes not yet applied. Later legislation changes this provision in ways not yet written into the text below:

  • rule 4.54(5-CVL) substituted for rule 4.54(5) by Insolvency 2010 Sch. 1 para. 179(5)
  • rule 1.31(1)(1A) substituted for rule 1.31(1) by Insolvency 2010 Sch. 1 para. 21(2)
  • rule 1.31(3) words substituted by Insolvency 2010 Sch. 1 para. 21(3)
(1)

Where a member State liquidator proposes to apply to the court for the conversion under Article 37 of the EC Regulation (conversion of earlier proceedings) of a voluntary arrangement into a winding up, an affidavit complying with Rule 1.32 must be prepared and sworn, and filed in court in support of the application.

(2)

An application under this Rule shall be by originating application.

(3)

The application and the affidavit required under this Rule shall be served upon—

(a)

the company; and

(b)

the supervisor.

Annotations

Textual amendments

F1

Pt. 1 Chs. 7, 8 inserted (31.5.2002) by The Insolvency (Amendment) Rules 2002 (S.I. 2002/1307), rules 1, 4(4) (with rule 3)