{
  "url": "https://openlegislation.uk/insolvency-scotland-rules-1986/rule-4.42",
  "json_url": "https://openlegislation.uk/insolvency-scotland-rules-1986/rule-4.42.json",
  "legislation": "uksi/1986/1915",
  "legislation_title": "The Insolvency (Scotland) Rules 1986",
  "legislation_url": "https://openlegislation.uk/insolvency-scotland-rules-1986",
  "path": "rule/4.42",
  "kind": "rule",
  "number": "4.42",
  "heading": "Formalities of establishment",
  "text": "(1) The liquidation committee shall not come into being, and accordingly cannot act, until the liquidator has issued a certificate of its due constitution.Form 4. (Scot)\n(2) If the chairman of the meeting which resolves to establish the committee is not the liquidator, he shall forthwith give notice of the resolution to the liquidator (or, as the case may be, the person appointed as liquidator by the same meeting), and inform him of the names and addresses of the persons elected to be members of the committee.\n(3) No person may act as a member of the committee unless and until he has agreed to do so; and the liquidator's certificate of the committee's due constitution shall not be issued until at least the minimum number of persons in accordance with Rule 4.41 who are to be members of it have agreed to act, but shall be issued forthwith thereafter.Form 4.20 (Scot)\n(4) As and when the others (if any) agree to act, the liquidator shall issue an amended certificate.Form 4.20 (Scot)\n(5) The certificate (and any amended certificate) shall be sent by the liquidator to the registrar of companies.Form 4.22 (Scot)\n(6) If after the first establishment of the committee there is any change in its membership, the liquidator shall report the change to the registrar of companies.Form 4.22 (Scot)",
  "extent": null,
  "status": null,
  "version": "current",
  "annotations": [],
  "outstanding_effects": [
    {
      "type": "applied 2016 asp 21 s. 14B (as inserted)",
      "affecting": "ssi/2017/210",
      "affecting_title": "The Insolvency (Regulation (EU) 2015/848) (Miscellaneous Amendments) (Scotland) Regulations 2017"
    },
    {
      "type": "applied (with modifications)",
      "affecting": "uksi/2009/806",
      "affecting_title": "The Building Society Special Administration (Scotland) Rules 2009"
    },
    {
      "type": "words substituted",
      "affecting": "uksi/1999/1820",
      "affecting_title": "The Scotland Act 1998 (Consequential Modifications) (No.2) Order 1999"
    },
    {
      "type": "applied (with modifications)",
      "affecting": "ssi/2001/128",
      "affecting_title": "Limited Liability Partnerships (Scotland) Regulations 2001"
    },
    {
      "type": "specified provisions applied (with modifications)",
      "affecting": "uksi/2013/1388",
      "affecting_title": "The Collective Investment in Transferable Securities (Contractual Scheme) Regulations 2013"
    },
    {
      "type": "applied (with modifications)",
      "affecting": "uksi/2010/2584",
      "affecting_title": "The Building Society Insolvency (Scotland) Rules 2010"
    }
  ],
  "provenance": {
    "source": "legislation.gov.uk",
    "source_url": "https://www.legislation.gov.uk/uksi/1986/1915/rule/4.42",
    "retrieved_at": "2026-10-29T16:39:01.712831+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."
}