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Rule 7.62 Application for confirmationF1C1C2

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)
C3(1)

Where a company has passed a resolution for voluntary winding up, and no declaration under section 89 has been made, the liquidator may apply to court for an order confirming the creditors' voluntary winding up for the purposes of the EC Regulation.

(2)

The application shall be in writing and verified by affidavit by the liquidator (using [FORM 7.20] the same form) and shall state—

(a)

the name of the applicant,

(b)

the name of the company and its registered number,

(c)

the date on which the resolution for voluntary winding up was passed,

(d)

that the application is accompanied by all of the documents required under paragraph (3) which are true copies of the documents required, and

(e)

that the EC Regulation will apply to the company and whether the proceedings will be main proceedings, territorial proceedings or secondary proceedings.

(3)

The liquidator shall file in court two copies of the application, together with one copy of the following—

(a)

a copy of the resolution for voluntary winding up referred to by section 84(3),

(b)

evidence of his appointment as liquidator of the company, and

(c)

a copy of the statement of affairs required under section 99.

(4)

It shall not be necessary to serve the application on, or give notice of it to, any person.

(5)

On an application under this Rule the court may confirm the creditors' voluntary winding up.

(6)

If the court confirms the creditor’s voluntary winding up—

(a)

it may do so without a hearing,

(b)

it shall affix its seal to the application.

(7)

A member of the court staff may deal with an application under this Rule.

(F28)

This Rule shall also apply where a company has moved to a voluntary liquidation in accordance with paragraph 83 of Schedule B1 to the Act.

Annotations

Textual amendments

F1

Pt. 7 Chs. 10, 11 inserted (31.5.2002) by The Insolvency (Amendment) Rules 2002 (S.I. 2002/1307), rules 1, 9(1) (with rule 3)

F2

Rule 7.62(8) inserted (15.9.2003) by The Insolvency (Amendment) Rules 2003 (S.I. 2003/1730), rule 1(2), Sch. 1 para. 60

Modifications

C1

Rule 7.62 applied (with modifications) (18.2.2004) by The Insurers (Reorganisation and Winding Up) Regulations 2004 (S.I. 2004/353), regs. 1, 7

C2

Rule 7.62 applied (with modifications) (5.5.2004) by The Credit Institutions (Reorganisation and Winding up) Regulations 2004 (S.I. 2004/1045), regs. 1, 6(1)(2)

C3

Rule 7.62(1) applied (with modifications) (20.4.2003) by The Insurers (Reorganisation and Winding Up) Regulations 2003 (S.I. 2003/1102), regs. 1, 7(1)(2) (with reg. 3)