OpenLegislation

Rule 4.116 Procedure on removalI1

England and Wales

Changes not yet applied. Later legislation changes this provision in ways not yet written into the text below:

  • rule 4.116(3) words omitted by SI 2009/356 rule 92(3) (as amended) by Bank Insolvency 2010 rule 38
  • rule 4.116(3) words substituted by SI 2009/356 rule 92(3) (as amended) by Bank Insolvency 2010 rule 38
  • rule 4.54(5-CVL) substituted for rule 4.54(5) by Insolvency 2010 Sch. 1 para. 179(5)

(NO CVL APPLICATION)

(1)

Where the creditors have resolved that the liquidator be removed, the official receiver shall file in court the certificate of removal.

(2)

The resolution is effective as from the date on which the official receiver files the certificate of removal in court, and that date shall be endorsed on the certificate.

(3)

A copy of the certificate, so endorsed, shall be sent by the official receiver to the liquidator who has been removed and, if a new liquidator has been appointed, to him.

(4)

The official receiver shall not file the certificate in court unless and until the Secretary of State has certified to him that the removed liquidator has reconciled his account with that held by the Secretary of State in respect of the winding up.

Annotations

Commencement

I1

Rule 4.116 in force at 29.12.1986, see rule 0.1