Rule 6.049 Application for appointment of interim receiver

Changes not yet applied. Later legislation changes this provision in ways not yet written into the text below:

rules 11.01-11.13 applied with modifications by rule 58 by Bank Administration 2009 rule 61
rule 6(10)-CP(3) substituted by Insolvency 2000 rule 5
rule 4.056-CVL(2) words inserted by Insolvency 2006 Sch. 1 para. 22
rule 4.228A-4.228E inserted by Insolvency 2008 rule 5
rules 2.028-2.110 applied with modifications by rule 58 by Bank Administration 2009 rule 61
rules 2.114-2.115 applied with modifications by rule 58 by Bank Administration 2009 rule 61
rules 2.119-2.130 applied with modifications by rule 58 by Bank Administration 2009 rule 61
rules 4.027-4.029 applied with modifications by rule 58 by Bank Administration 2009 rule 61
rules 4.031-4.034 applied with modifications by rule 58 by Bank Administration 2009 rule 61
rules 4.197-4.204 applied with modifications by rule 58 by Bank Administration 2009 rule 61
rules 7.05-7.07 applied with modifications by rule 58 by Bank Administration 2009 rule 61
rules 7.09-7.14 applied with modifications by rule 58 by Bank Administration 2009 rule 61
rules 7.19-7.22 applied with modifications by rule 58 by Bank Administration 2009 rule 61
rules 7.24-7.30 applied with modifications by rule 58 by Bank Administration 2009 rule 61
rules 7.34-7.42 applied with modifications by rule 58 by Bank Administration 2009 rule 61
rules 7.50-7.54 applied with modifications by rule 58 by Bank Administration 2009 rule 61
rules 12.01-12.22 applied with modifications by rule 58 by Bank Administration 2009 rule 61
rule 7. 13B(2) word omitted by Insolvency 2023 rule 37(1)

(1)

An application to the court for the appointment of an interim receiver under Article 259 may be made—

(a)

by a creditor,

(b)

by the debtor,

(c)

on a petition under Article 238(1)(d), by the petitioner, or

(d)

by an insolvency practitioner appointed under Article 247(2).

(2)

The application must be supported by an affidavit stating—

(a)

the grounds on which it is proposed that the interim receiver should be appointed,

(b)

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

(c)

whether to the applicant's knowledge there has been proposed or is in force a voluntary arrangement, and

(d)

the applicant's estimate of the value of the property or business in respect of which the interim receiver is to be appointed.

(3)

If an insolvency practitioner has been appointed under Article 24 7, and it is proposed that he (and not the official receiver) should be appointed interim receiver, and it is not the insolvency practitioner himself who is the applicant under this Rule, the affidavit under paragraph (2) must state that he has consented to act.

(4)

The applicant shall send copies of the application and the affidavit to the person proposed to be appointed interim receiver. If that person is the official receiver and an insolvency practitioner has been appointed under Article 247 (and he is not himself the applicant), copies of the application and affidavit shall be sent by the applicant to the insolvency practitioner.

(5)

If, in any case where a copy of the application is to be sent to a person under paragraph (4), it is for any reason not practicable to send a copy, that person must be informed of the application in sufficient time to enable him to be present at the hearing.

(6)

The official receiver and (if appointed) the insolvency practitioner may attend the hearing of the application and make representations.

(7)

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.

[E.R.6.51]