# The Insolvency Rules 1986, Rule 6.127: Action following acceptance of resignation

Extent: E+W

(1) [FORM 6.35] Where a meeting of creditors is summoned for the purpose of receiving the trustee's resignation, the notice summoning it shall indicate that this is the purpose, or one of the purposes, of the meeting; and the notice shall draw the attention of creditors to Rule 6.135 with respect to the trustee's release.
(2) A copy of the notice shall at the same time also be sent to the official receiver.
(3) Where the chairman of the meeting is other than the official receiver, and there is passed at the meeting any of the following resolutions—
(a) that the trustee's resignation be accepted,
(b) that a new trustee be appointed,
(c) that the resigning trustee be not given his release,
the chairman shall, within 3 days, send to the official receiver a copy of the resolution.
[FORM 6.44] If it has been resolved to accept the trustee's resignation, the chairman shall send to the official receiver a certificate to that effect.
(4) If the creditors have resolved to appoint a new trustee, the certificate of his appointment shall also be sent to the official receiver within that time; and Rule 6.120 above shall be complied with in respect of it.
(5) If the trustee's resignation is accepted, the notice of it required by section 298(7) shall be given by him forthwith after the meeting; and he shall send a copy of the notice to the official receiver.
The notice shall be accompanied by a copy of the account sent to creditors under Rule 6.126(2).
(6) The official receiver shall file a copy of the notice in court.
(7) The trustee's resignation is effective as from the date on which the official receiver files the copy notice in court, that date to be endorsed on the copy notice.

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Source: https://www.legislation.gov.uk/uksi/1986/1925/rule/6.127 (the official version)
Page: https://openlegislation.uk/insolvency-rules-1986/rule-6.127
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.

