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Rule 4.101-CVL Appointment by creditors or by the companyI1

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)

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

(2)

[FORM 4.27] [FORM 4.28] Subject as follows, 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; the liquidator's appointment F1takes effect upon the passing of the resolution for that appointment.

(3)

The chairman shall send the certificate forthwith to the liquidator, who shall keep it as part of the records of the liquidation.

(4)

Paragraphs (2) and (3) need not be complied with in the case of a liquidator appointed by a company meeting and replaced by another liquidator appointed on the same day by a creditors' meeting.

Annotations

Textual amendments

F1

Words in rule 4.101-CVL 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. 61

Commencement

I1

Rule 4.101CVL in force at 29.12.1986, see rule 0.1