Paragraph 18 Rule 4.31

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)

For this Rule, substitute the following:-

“Final Meeting

4.31

(1)

The liquidator shall give at least 28 days' notice of the final meeting of creditors to be held under section 106. The notice shall be sent to all creditors whose claims in the liquidation have been accepted.

(2)

At the final meeting, the creditors may question the liquidator with respect to any matter contained in the account required under that section and may resolve against the liquidator having his release.

(3)

The liquidator shall, within 7 days of the meeting, give notice to the registrar of companies under section 171(6) that the final meeting has been held. The notice shall state whether or not he has been released.Form 4.17 (Scot)

(4)

If the creditors at the final meeting have not resolved against the liquidator having his release, he is released in terms of section 173(2)(e)(ii) when he vacates office under section 171(6). If they have so resolved, he must obtain his release from the Accountant of Court and Rule 4.25(2) and (3) shall apply accordingly.”.