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Rule 2.130 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 2.130(1)(1A) substituted for 2.130(1) by Insolvency 2010 Sch. 1 para. 108(2)
  • rule 2.130(3) words substituted by Insolvency 2010 Sch. 1 para. 108(3)
  • rule 4.54(5-CVL) substituted for rule 4.54(5) by Insolvency 2010 Sch. 1 para. 179(5)
(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 an administration into a winding up, an affidavit complying with Rule 2.131 must be prepared and sworn, and filed with the 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 administrator.

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))