Rule 4.153 Formalities of establishmentI1

[FORM 4.47] The liquidation committee does not come into being, and accordingly cannot act, until the liquidator has issued a certificate of its due constitution.

If the chairman of the meeting which resolves to establish the committee is not the liquidator, he shall forthwith give notice of the resolution to the liquidator (or, as the case may be, the person appointed as liquidator by that same meeting), and inform him of the names and addresses of the persons elected to be members of the committee.

No person may act as a member of the committee unless and until he has agreed to do so and, unless the relevant proxy or authorisation contains a statement to the contrary, such agreement may be given by his proxy-holder or representative under section 375 of the Companies Act present at the meeting establishing the committee.

The liquidator’s certificate of the committee’s due constitution shall not issue before the minimum number of persons (in accordance with Rule 4.152) who are to be members of the committee have agreed to act.

As and when the others (if any) agree to act, the liquidator shall issue an amended certificate.

The certificate, and any amended certificate, shall be filed in court by the liquidator.

(NO CVL APPLICATION)

[FORM 4.47] [FORM 4.48] The certificate, and any amended certificate, shall be sent by the liquidator to the registrar of companies.

[FORM 4.49] If after the first establishment of the committee there is any change in its membership, the liquidator shall report the change to the court. (NO CVL APPLICATION)

[FORM 4.49] [FORM 4.48] If after the first establishment of the committee there is any change in its membership, the liquidator shall report the change to the registrar of companies.