{ "url": "https://openlegislation.uk/insolvency-rules-northern-ireland-1991/rule-4.238", "json_url": "https://openlegislation.uk/insolvency-rules-northern-ireland-1991/rule-4.238.json", "legislation": "nisr/1991/364", "legislation_title": "The Insolvency Rules (Northern Ireland) 1991", "legislation_url": "https://openlegislation.uk/insolvency-rules-northern-ireland-1991", "path": "rule/4.238", "kind": "rule", "number": "4.238", "heading": "First excepted case", "text": "(1) Where a company (“the successor company”) acquires the whole, or substantially the whole, of the business of an insolvent company, under arrangements made by an insolvency practitioner acting as its liquidator, administrator or administrative receiver, or as supervisor of a voluntary arrangement under Part II of the Order, the successor company may for the purposes of Article 180 give notice under this Rule to the insolvent company's creditors.\n(2) To be effective, the notice must be given within 28 days from the completion of the arrangements, to all creditors of the insolvent company of whose addresses the successor company is aware in that period; and it must specify—\n(a) the name and registered number of the insolvent company and the circumstances in which its business has been acquired by the successor company,\n(b) the name which the successor company has assumed, or proposes to assume for the purpose of carrying on the business, if that name is or will be a prohibited name under Article 180, and\n(c) any change of name which it has made, or proposes to make, for that purpose under Article 38 of the Companies Order.\n(3) The notice may name a person to whom Article 180 may apply as having been a director or shadow director of the insolvent company, and give particulars as to the nature and duration of that directorship, with a view to his being a director of the successor company or being otherwise associated with its management.\n(4) If the successor company has effectively given notice under this Rule to the insolvent company's creditors, a person who is so named in the notice may act in relation to the successor company in any of the ways mentioned in Article 180(3), notwithstanding that he has not the leave of the court under that Article.\n[E.R.4.228]", "extent": null, "status": null, "version": "current", "annotations": [], "outstanding_effects": [ { "type": "applied with modifications by rule 58", "affecting": "nisr/2009/63", "affecting_title": "The Bank Administration Rules (Northern Ireland) 2009" }, { "type": "substituted", "affecting": "nisr/2000/247", "affecting_title": "The Insolvency (Amendment) Rules (Northern Ireland) 2000" }, { "type": "words inserted", "affecting": "nisr/2006/47", "affecting_title": "The Insolvency (Amendment) Rules (Northern Ireland) 2006" }, { "type": "inserted", "affecting": "nisr/2008/118", "affecting_title": "The Insolvency (Amendment) Rules (Northern Ireland) 2008" }, { "type": "text amended", "affecting": "nisr/2008/118", "affecting_title": "The Insolvency (Amendment) Rules (Northern Ireland) 2008" }, { "type": "applied with modifications by rule 58", "affecting": "nisr/2009/63", "affecting_title": "The Bank Administration Rules (Northern Ireland) 2009" }, { "type": "applied with modifications by rule 58", "affecting": "nisr/2009/63", "affecting_title": "The Bank Administration Rules (Northern Ireland) 2009" }, { "type": "applied with modifications by rule 58", "affecting": "nisr/2009/63", "affecting_title": "The Bank Administration Rules (Northern Ireland) 2009" }, { "type": "applied with modifications by rule 58", "affecting": "nisr/2009/63", "affecting_title": "The Bank Administration Rules (Northern Ireland) 2009" }, { "type": "applied with modifications by rule 58", "affecting": "nisr/2009/63", "affecting_title": "The Bank Administration Rules (Northern Ireland) 2009" }, { "type": "applied with modifications by rule 58", "affecting": "nisr/2009/63", "affecting_title": "The Bank Administration Rules (Northern Ireland) 2009" }, { "type": "applied with modifications by rule 58", "affecting": "nisr/2009/63", "affecting_title": "The Bank Administration Rules (Northern Ireland) 2009" }, { "type": "applied with modifications by rule 58", "affecting": "nisr/2009/63", "affecting_title": "The Bank Administration Rules (Northern Ireland) 2009" }, { "type": "applied with modifications by rule 58", "affecting": "nisr/2009/63", "affecting_title": "The Bank Administration Rules (Northern Ireland) 2009" }, { "type": "applied with modifications by rule 58", "affecting": "nisr/2009/63", "affecting_title": "The Bank Administration Rules (Northern Ireland) 2009" }, { "type": "applied with modifications by rule 58", "affecting": "nisr/2009/63", "affecting_title": "The Bank Administration Rules (Northern Ireland) 2009" }, { "type": "applied with modifications by rule 58", "affecting": "nisr/2009/63", "affecting_title": "The Bank Administration Rules (Northern Ireland) 2009" }, { "type": "applied with modifications by rule 58", "affecting": "nisr/2009/63", "affecting_title": "The Bank Administration Rules (Northern Ireland) 2009" }, { "type": "applied", "affecting": "nisr/2009/64", "affecting_title": "The Bank Insolvency Rules (Northern Ireland) 2009" }, { "type": "applied (with modifications)", "affecting": "nisr/2009/122", "affecting_title": "The Bank Insolvency (No. 2) Rules (Northern Ireland) 2009" }, { "type": "word omitted", "affecting": "nisr/2023/15", "affecting_title": "The Insolvency (Amendment) Rules (Northern Ireland) 2023" } ], "provenance": { "source": "legislation.gov.uk", "source_url": "https://www.legislation.gov.uk/nisr/1991/364/rule/4.238", "retrieved_at": "2026-10-29T03:01:04.461259+00:00" }, "licence": "Open Government Licence v3.0", "licence_url": "https://www.nationalarchives.gov.uk/doc/open-government-licence/version/3/", "attribution": "Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives." }