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Rule 3.40 Receiver to deal with prescribed partF1

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)

Where Rule 3.39 applies—

(a)

the receiver may present a petition for the winding up of the company if the ground of the petition is that in section 122(1)(f);

(b)

where a liquidator or administrator has been appointed to the company, the receiver shall deliver up the sums representing the prescribed part to him;

(c)

in any other case, the receiver shall apply to the court for directions as to the manner in which he is to discharge his duty under section 176A(2)(a) and shall act in accordance with such directions as are given by the court.

Annotations

Textual amendments

F1

Pt. 3 Ch. 7 inserted (15.9.2003) by The Insolvency (Amendment) Rules 2003 (S.I. 2003/1730), rule 1(2), Sch. 1 para. 11