Paragraph 5 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. 2 para. 9(4) words substituted by Scotland Act 1998 (Consequential Modifications) 1999 Sch. 2 para. 141(21)
Sch. 2 para. 9(5) words substituted by Scotland Act 1998 (Consequential Modifications) 1999 Sch. 2 para. 141(22)
sch. 2 amended by Insolvency 1987
Sch. 2 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. 2 para. 6 heading words substituted by Insolvency 2014 rule 10(2)
Sch. 2 para. 7A inserted by Insolvency 2014 rule 11(2)
Sch. 2 para. 15 inserted by Insolvency 2014 rule 26(8)

(1)

This Rule shall apply subject to the following modifications.

(2)

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

“(1)

This Rule applies where the liquidator is appointed 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 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 bookForm 4.8 (Scot).”.

(3)

Paragraphs 4(a), (5) and (6) shall be deleted.