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Rule 4.10 Other persons to receive copies of petitionI1

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)

If to the petitioner's knowledge the company is in course of being wound up voluntarily, a copy of the petition shall be sent by him to the liquidator.

(2)

If to the petitioner's knowledge an administrative receiver has been appointed in relation to the company, or F1the company is in administration, a copy of the petition shall be sent by him to the receiver or, as the case may be, the administrator.

(3)

If to the petitioner's knowledge there is in force for the company a voluntary arrangement under Part I of the Act, a copy of the petition shall be sent by him to the supervisor of the voluntary arrangement.

F2(3A)

If to the petitioner’s knowledge, there is a member State liquidator appointed in main proceedings in relation to the company, a copy of the petition shall be sent by him to that person.

  • This does not apply if the petitioner referred to in this paragraph is a member State liquidator.

(4)

If the company is F3an authorised institution or former authorised institution within the meaning of the Banking Act 1987, a copy of the petition shall be sent by the petitioner to the F4Financial Services Authority.

This does not apply if the petitioner is the Financial Services Authority itself.

(5)

A copy of the petition which is required by this Rule to be sent shall be despatched on the next business day after the day on which the petition is served on the company.

Annotations

Textual amendments

F1

Words in rule 4.10(2) substituted (15.9.2003) by The Insolvency (Amendment) Rules 2003 (S.I. 2003/1730), rule 1(2), Sch. 1 para. 14

F2

Rule 4.10(3A) inserted (31.5.2002) by The Insolvency (Amendment) Rules 2002 (S.I. 2002/1307), rules 1, 6(2) (with rule 3)

F3

Words in rule 4.10(4) substituted (11.1.1988 with application in accordance with rule 3(1)(2)) by The Insolvency (Amendment) Rules 1987 (S.I. 1987/1919), rule 1, Sch. para. 38

F4

Words in rule. 4.10(4) substituted (1.6.1998) by The Bank of England Act 1998 (Consequential Amendments of Subordinate Legislation) Order 1998 (S.I. 1998/1129), art. 1, Sch. 1 para. 4(4)

Commencement

I1

Rule 4.10 in force at 29.12.1986, see rule 0.1