Article 4.22
This rule applies where the liquidator is appointed by the court under section 100(3) or 108.
The court must not make the appointment unless and until the person being appointed liquidator has lodged in court a statement to the effect that that person is qualified to act as an insolvency practitioner in relation to the company and consents to act as liquidator.
The liquidator's appointment is effective from the date of the order of appointment.
Within 28 days from appointment the liquidator must—
deliver a notice of it to the creditors; or
if the court permits, and in accordance with the directions of the court, advertise the notice (otherwise than in the Gazette).
Where the liquidator gives notice under paragraph (4)(a) the liquidator may, in addition, advertise the notice (otherwise than in the Gazette) in such manner as the liquidator thinks fit.
Any notice under this rule must state—
that a liquidator has been appointed; and
the date of the appointment.
In the case of a voluntary winding up where, immediately before the company goes into liquidation, a moratorium under Part A1 of the Act is in force for that company, the liquidator must deliver such notice of their appointment to the monitor and such notice must be given within the period of 14 days beginning with the day on which liquidator is appointed.
Annotations
Textual amendments
- F1
Rule 4.22(7) inserted (1.10.2021) by The Insolvency (Scotland) (Receivership and Winding up) (Amendment) Rules 2021 (S.I. 2021/1025), rules 1, 8(2) (with rules 4, 5)