Paragraph 12 Rule 4.19

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

sch. 1-2 revoked in part by Insolvency (Receivership and Winding up) 2018 Sch. 1 para. 1
Sch. 1 para. 17 words substituted by Scotland Act 1998 (Consequential Modifications) 1999 Sch. 2 para. 141(20)
sch. 1 amended by Insolvency 1987
Sch 1, para 6 am by Enterprise Act 2002 (Prescribed Part) 2003 arts 2, 9(1)
Sch 1, para 18 am by Enterprise Act 2002 (Prescribed Part) 2003 arts 2, 9(2)
Sch. 1 savings for effects of S.S.I. 2018/347, Sch. 1 by Small Business, Enterprise and Employment Act 2015 (Consequential Amendments, Savings and Transitional Provisions) 2019 reg. 15 16
Sch. 1 para. 10 substituted by Insolvency 2014 rule 23(a)
Sch. 1 para. 10 title words substituted by Insolvency 2014 rule 23(b)
Sch. 1 para. 29A inserted by Insolvency 2014 rule 23(c)
Sch. 1 para. 4 words inserted by Insolvency 2014 rule 25(4)(a)
Sch. 1 para. 4A inserted by Insolvency 2014 rule 25(4)(b)
Sch. 1 para. 32A inserted by Insolvency 2014 rule 26(7)

(1)

For paragraphs (1) to (3) there shall be substituted the following:-

“(1)

This Rule applies where a person is nominated for appointment as liquidator under section 100(1) either by a meeting of the creditors or by a meeting of the company.

(2)

Subject as follows, the chairman of the meeting shall certify the appointment, but not unless and until the person to be appointed has provided him with a written cot statement to the effect that he is an insolvency practitioner, duly qualified under the Act to be the liquidator and that he consents so to act. The liquidator's appointment is effective from the date of the certificate.Form 4.8 (Scot)

(3)

The chairman shall forthwith send the certificate to the liquidator, who shall keep it in the sederunt book.Form 4.8 (Scot)”.

(2)

Paragraphs(4)(a) and (5) shall not apply.

(3)

In paragraph (6), for the reference to paragraphs (4) and (5), there shall be substituted a reference to paragraphs (3) and (4).