Article 58 Moving from postal administration to creditors’ voluntary liquidationI1
Scotland
A notice pursuant to paragraph 83(3) of Schedule B1 to the 1986 Act shall be in Form PA17(S).
As soon as reasonably practicable after the day on which the registrar of companies registers that notice, the person who has ceased to be the postal administrator (whether or not that person becomes the liquidator) must send a final progress report (which must include details of the assets to be dealt with in the liquidation) to the registrar of companies and to—
all other persons who received notice of the administrator’s appointment;
where the Secretary of State did not receive notice of the postal administrator’s appointment, the Secretary of State; and
where OFCOM did not receive notice of the postal administrator’s appointment, OFCOM.
For the purposes of paragraph 83(7) of Schedule B1 to the 1986 Act, a person shall be nominated as liquidator in accordance with the provisions of F1Rule 16(1)(l) or Rule 34(1)(h)—
by virtue of the postal administrator’s proposals or revised proposals; or
where a creditors’ meeting is held in accordance with F2Rule 29, as a consequence of such a meeting.
OFCOM must notify the Secretary of State before consenting to the postal administrator sending a notice of moving from postal administration to creditors’ voluntary liquidation to the registrar of companies.
Where the creditors nominate a different person, the nomination must, where applicable, include the declaration required by section 231 of the 1986 Act (appointment to office of two or more persons).
Annotations
Textual amendments
- F1
Words in rule 58(3) substituted (13.4.2017) by The Postal Administration (Scotland) (Amendment) Rules 2017 (S.I. 2017/441), rules 1, 2(11)
- F2
Words in rule 58(3)(b) substituted (13.4.2017) by The Postal Administration (Scotland) (Amendment) Rules 2017 (S.I. 2017/441), rules 1, 2(11)
Commencement
- I1
Rule 58 in force at 1.10.2016, see rule 1