OpenLegislation

Rule 4.100 Appointment by creditors or contributoriesI1

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)

(NO CVL APPLICATION)

(1)

This Rule applies where a person is appointed as liquidator either by a meeting of creditors or by a meeting of contributories.

(2)

[FORM 4.27] [FORM 4.28] The chairman of the meeting shall certify the appointment, but not unless and until the person appointed has provided him with a written statement to the effect that he is an insolvency practitioner, duly qualified under the Act to be the liquidator, and that he consents so to act.

F1(3)

The liquidator’s appointment is effective from the date on which the appointment is certified, that date to be endorsed on the certificate.

(4)

The chairman of the meeting (if not himself the official receiver) shall send the certificate to the official receiver.

(5)

The official receiver shall in any case send the certificate to the liquidator and file a copy of it in court.

Annotations

Textual amendments

F1

Rule 4.100(3)-(5) 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. 60

Commencement

I1

Rule 4.100 in force at 29.12.1986, see rule 0.1