Rule 4.48 Committee members' representatives

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

rule 1.12-1.16E applied 2016 asp 21 s. 14B (as inserted) by Insolvency (Regulation (EU) 2015/848) 2017 reg. 4(8)
Rules applied (with modifications) by Building Society Special Administration 2009 rule 38-41
Rules applied (with modifications) by Limited Liability Partnerships 2001 reg. 6(1)
Rules specified provisions applied (with modifications) by Collective Investment in Transferable Securities (Contractual Scheme) 2013 Sch. 4
rule 4.48 applied (with modifications) by Building Society Insolvency 2010 rule 66

(1)

A member of the liquidation committee may, in relation to the business of the committee, be represented by another person duly authorised by him for that purpose.

(2)

A person acting as a committee-member's representative must hold a mandate entitling him so to act (either generally or specially) and signed by or on behalf of the committee-member.

(3)

The chairman at any meeting of the committee may call on a person claiming to act as a committee-member's representative to produce his mandate and may exclude him if it appears that his mandate is deficient.

(4)

No member may be represented by a body corporate or by a partnership, or by an undischarged bankrupt.

(5)

No person shall -

(a)

on the same committee, act at one and the same time as representative of more than one committee-member, or

(b)

act both as a member of the committee and as representative of another member.

(6)

Where a member's representative signs any document on the member's behalf, the fact that he so signs must be stated below his signature.