{
  "url": "https://openlegislation.uk/insolvency-rules-1986/rule-4.108",
  "json_url": "https://openlegislation.uk/insolvency-rules-1986/rule-4.108.json",
  "legislation": "uksi/1986/1925",
  "legislation_title": "The Insolvency Rules 1986",
  "legislation_url": "https://openlegislation.uk/insolvency-rules-1986",
  "path": "rule/4.108",
  "kind": "rule",
  "number": "4.108",
  "heading": "Creditors' meeting to receive liquidator's resignation",
  "text": "(1) [FORM 4.22] Before resigning his office, the liquidator must call a meeting of creditors for the purpose of receiving his resignation. The notice summoning the meeting shall indicate that this is the purpose, or one of the purposes, of it, and shall draw the attention of creditors to Rule 4.121 or, as the case may be, Rule 4.122-CVL with respect to the liquidator's release.\n(2) A copy of the notice shall at the same time also be sent to the official receiver. (NO CVL APPLICATION)\n(3) The notice to creditors under paragraph (1) must be accompanied by an account of the liquidator's administration of the winding up, including—\n(a) a summary of his receipts and payments, and\n(b) a statement by him that he has reconciled his account with that which is held by the Secretary of State in respect of the winding up.\n(4) Subject as follows, the liquidator may only proceed under this Rule on grounds of ill health or because—\n(a) he intends ceasing to be in practice as an insolvency practitioner, or\n(b) there is some conflict of interest or change of personal circumstances which precludes or makes impracticable the further discharge by him of the duties of liquidator.\n(5) Where two or more persons are acting as liquidator jointly, any one of them may proceed under this Rule (without prejudice to the continuation in office of the other or others) on the ground that, in his opinion and that of the other or others, it is no longer expedient that there should continue to be the present number of joint liquidators.\n(6) If there is no quorum present at the meeting summoned to receive the liquidator’s resignation, the meeting is deemed to have been held, a resolution is deemed to have been passed that the liquidator’s resignation be accepted and the creditors are deemed not to have resolved against the liquidator having his release.\n(7) Where paragraph (6) applies any reference in the Rules to a resolution that the liquidator’s resignation be accepted is replaced by a reference to the making of a written statement, signed by the person who, had there been a quorum present, would have been chairman of the meeting, that no quorum was present and that the liquidator may resign.",
  "extent": "E+W",
  "status": null,
  "version": "current",
  "annotations": [
    {
      "type": "F",
      "label": "F1",
      "text": "Rule 4.108(6)(7) added (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. 64"
    },
    {
      "type": "I",
      "label": "I1",
      "text": "Rule 4.108 in force at 29.12.1986, see rule 0.1"
    }
  ],
  "outstanding_effects": [
    {
      "type": "substituted for rule 4.54(5)",
      "affecting": "uksi/2010/686",
      "affecting_title": "The Insolvency (Amendment) Rules 2010"
    }
  ],
  "provenance": {
    "source": "legislation.gov.uk",
    "source_url": "https://www.legislation.gov.uk/uksi/1986/1925/rule/4.108",
    "retrieved_at": "2026-10-29T16:38:55.219722+00:00"
  },
  "licence": "Open Government Licence v3.0",
  "licence_url": "https://www.nationalarchives.gov.uk/doc/open-government-licence/version/3/",
  "attribution": "Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives."
}