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Rule 2.117 Moving from administration to creditors' voluntary liquidationF1

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 for the purposes of paragraph 83(3) the administrator sends a notice of moving from administration to creditors' voluntary liquidation to the registrar of companies, he shall do so in [FORM 4.4] [FORM 4.5]Form 2.34B and shall attach to that notice a final progress report which must include details of the assets to be dealt with in the liquidation.

(2)

As soon as reasonably practicable the administrator shall send a copy of the notice and attached document to all those who received notice of the administrator’s appointment.

(3)

For the purposes of paragraph 83(7) a person shall be nominated as liquidator in accordance with the provisions of Rule 2.33(2)(m) or Rule 2.45(2)(g) and his appointment takes effect by the creditors' approval, with or without modification, of the administrator’s proposals or revised proposals.

Annotations

Textual amendments

F1

Pt. 2 substituted (15.9.2003) by The Insolvency (Amendment) Rules 2003 (S.I. 2003/1730), rule 1(2), Sch. 1 para. 9 (with rule 5(2)-(4))