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Rule 1.8 Replacement of nomineeF1

England and Wales

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)
(1)

Where a person other than the nominee intends to apply to the court under section 2(4) for the nominee to be replaced, (except in any case where the nominee has died) he shall give to the nominee at least 7 days' notice of his application.

(2)

Where the nominee intends to apply to the court under section 2(4) of the Act to be replaced, he shall give at least 7 days' notice of his application to the person intending to make the proposal.

(3)

No appointment of a replacement nominee shall be made by the court unless there is filed in court a statement by the replacement nominee—

(a)

[FORM 8.1]indicating his consent to act, and

(b)

that he is qualified to act as an insolvency practitioner in relation to the company or is an authorised person in relation to the company.

Annotations

Textual amendments

F1

Rule 1.8 substituted (1.1.2003) by The Insolvency (Amendment) (No. 2) Rules 2002 (S.I. 2002/2712), rule 1(1), Sch. para. 4 (with rule 3(2))