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Rule 6.120 Appointment by creditors' meetingI1

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)

This Rule applies where a person has been appointed trustee by resolution of a creditors' meeting.

(2)

[FORM 6.40] or [FORM 6.41] The chairman of the meeting shall certify the appointment, but not unless and until the person to be appointed has provided him with a written statement to the effect that he is an insolvency practitioner, duly qualified under the Act to act as trustee in relation to the bankrupt, and that he consents so to act.

F1(3)

The trustee’s appointment is effective from the date on which the appointment is certified, that date to be endorsed on the certificate.

(4)

The chairman of the meeting (if not himself the official receiver) shall send the certificate to the official receiver.

(5)

The official receiver shall in any case send the certificate to the trustee and file a copy of it in court.

Annotations

Textual amendments

F1

Rule 6.120(3)-(5) substituted for rule 6.120(3)(4) (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. 113

Commencement

I1

Rule 6.120 in force at 29.12.1986, see rule 0.1