OpenLegislation

Rule 4.122-CVL Release of resigning or removed liquidatorI1

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)

[FORM 4.40] Where the liquidator's resignation is accepted by a meeting of creditors which has not resolved against his release, he has his release from when he gives notice of his resignation to the registrar of companies.

(2)

Where the liquidator is removed by a creditors' meeting which has not resolved against his release, the fact of his release shall be stated in the certificate of removal.

(3)

Where—

(a)

the liquidator resigns, and the creditors' meeting called to receive his resignation has resolved against his release, or

(b)

he is removed by a creditors' meeting which has so resolved, or is removed by the court,

[FORM 4.41] he must apply to the Secretary of State for his release.

(4)

When the Secretary of State gives the release, he shall certify it accordingly, and send the certificate to the registrar of companies.

(5)

A copy of the certificate shall be sent by the Secretary of State to the former liquidator, whose release is effective from the date of the certificate.

Annotations

Commencement

I1

Rule 4.122CVL in force at 29.12.1986, see rule 0.1