# The Insolvency (Scotland) (Receivership and Winding up) Rules 2018, Article 5.21: Appointment of liquidator under section 138(1) (interim liquidator)


(1) This rule applies to the appointment of a liquidator by the court under section 138(1) (such a liquidator being referred to in section 138, this rule and rules 5.22 (choosing a person to be liquidator) and 8.21 (chair at meetings) as an “interim liquidator”).
(2) The court must not make the appointment unless and until the person being appointed interim 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.
(3) The interim liquidator's appointment is effective from the date of the order of appointment.
(4) The interim liquidator must—
(a) within 7 days beginning with the day the interim liquidator receives the copy order of appointment deliver notice of it to AiB; and
(b) within 28 days beginning with the day the interim liquidator receives the copy order of appointment—
(i) deliver notice of it to the creditors and contributories; or
(ii) if the court permits and in accordance with the directions of the court either—
(aa) gazette the notice; or
(bb) otherwise advertise the notice,
or both gazette the notice and otherwise advertise the notice.
(5) Where the interim liquidator gives notice under paragraph (4)(b)(i) the liquidator may, in addition—
(a) gazette the notice; or
(b) otherwise advertise the notice in such manner as the liquidator thinks fit,
or both gazette the notice and otherwise advertise the notice in such manner as the liquidator thinks fit.
(6) Any notice under this rule must state—
(a) that an interim liquidator has been appointed; and
(b) the date of the appointment.

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Source: https://www.legislation.gov.uk/ssi/2018/347/part/5/chapter/6/article/5n22 (the official version)
Page: https://openlegislation.uk/insolvency-scotland-receivership-and-winding-up-rules-2018/part-5/chapter-6/article-5n22
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.