Paragraph 9 Rule 4.28

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)

In paragraph (1) -

(a)

for the reference to section 172(6), there shall be substituted a reference to section 171(5), and

(b)

for the reference to a meeting of creditors, there shall be substituted a reference to a meeting of the company.

(3)

In paragraph (2) -

(a)

for reference to section 174(4)(c) there shall be substituted a reference to section 173(2)(c), and

(b)

for the reference to Rule 4.29(4), there shall be substituted a reference to Rule 4.28A.

(4)

After paragraph (4) there shall be inserted the following paragraphs:-

“(5)

The notice of the liquidator's resignation required by section 171(5) shall be given by him to the registrar of companies forthwith after the meeting.Form 4.1 (Scot)

(6)

Where a new liquidator is appointed in place of the one who has resigned, the former shall, in giving notice of his appointment, state that his predecessor has resigned and whether he has been released.”.

(5)

After this Rule, there shall be inserted the following Rule:-

“Release of resigning or removed liquidator

4.28A

(1)

Where the liquidator resigns, he has his release from the date on which he gives notice of his resignation to the registrar of companies.Form 4.1 (Scot)

(2)

Where the liquidator is removed by a meeting of the company, he shall forthwith give notice to the registrar of companies of his ceasing to act.Form 4.1 (Scot)

(3)

Where the liquidator is removed by the court, he must apply to the Accountant of Court for his release.Form 4.1 (Scot)

(4)

Where the Accountant of Court gives the release, he shall certify it accordingly, and send the certificate to the registrar of companies.Form 4.1 (Scot)Form 4.1 (Scot)

(5)

A copy of the certificate shall be sent by the Accountant of Court to the former liquidator, whose release is effective from the date of the certificate.Form 4.1 (Scot)”.