Rule 4.25 Appointment of provisional liquidatorI1

England and Wales

F1(1)

An application to the court for the appointment of a provisional liquidator under section 135 may be made by—

(a)

the petitioner;

(b)

a creditor of the company;

(c)

a contributory;

(d)

the company;

(e)

the Secretary of State;

(f)

a temporary administrator;

(g)

a member State liquidator appointed in main proceedings; or

(h)

any person who under any enactment would be entitled to present a petition for the winding up of the company.

(2)

The application must be supported by an affidavit stating—

(a)

the grounds on which it is proposed that a provisional liquidator should be appointed;

(b)

if some person other than the official receiver is proposed to be appointed, that the person has consented to act and, to the best of the applicant's belief, is qualified to act as an insolvency practitioner in relation to the company;

(c)

whether or not the official receiver has been informed of the application and, if so, has been furnished with a copy of it;

(d)

whether to the applicant's knowledge—

(i)

there has been proposed or is in force for the company a voluntary arrangement under Part I of the Act, or

(ii)

an administrator or administrative receiver is acting in relation to the company, or

(iii)

a liquidator has been appointed for its voluntary winding up; and

(e)

the applicant's estimate of the value of the assets in respect of which the provisional liquidator is to be appointed.

(3)

The applicant shall send copies of the application and of the affidavit in support to the official receiver, who may attend the hearing and make any representations which he thinks appropriate.

If for any reason it is not practicable to comply with this paragraph, the official receiver must be informed of the application in sufficient time for him to be able to attend.

(4)

The court may on the application, if satisfied that sufficient grounds are shown for the appointment, make it on such terms as it thinks fit.

Annotations

Textual amendments

F1: Rule 4.25(1) substituted (31.5.2002) by The Insolvency (Amendment) Rules 2002 (S.I. 2002/1307), rules 1, 6(5) (with rule 3)

Commencement

I1: Rule 4.25 in force at 29.12.1986, see rule 0.1