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The Insolvency (England and Wales) Rules 2016

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Changes over time for: Section 10

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Point in time view as at 30/09/2021.

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10.68.—(1) This rule applies where a person has been appointed as trustee by a decision of the creditors.

(2) The convener or the chair (as the case may be) must certify the appointment, but not unless and until the appointee has delivered to the convener or chair a statement that the appointee is an insolvency practitioner qualified to act as trustee in relation to the bankrupt and consents to act.

(3) The trustee's appointment takes effect from the date on which the appointment is certified, that date to be endorsed on the certificate.

(4) The certificate must contain—

(a)identification details for the proceedings;

(b)identification details for the bankrupt;

(c)identification and contact details for the person appointed as trustee;

(d)the date on which the creditors made the appointment; and

(e)the statement that the appointee—

(i)has provided a statement of being qualified to act as an insolvency practitioner in relation to the bankrupt,

(ii)has consented to act, and

(iii)was appointed trustee of the bankrupt's estate.

(5) The certificate must be authenticated and dated by the person who certifies the appointment.

(6) Where two or more trustees are appointed the certificate must also specify (as required by section 292(3)) the circumstances in which the trustees must act together and the circumstances in which one or more of them may act for the others.

(7) The convener or chair (if that person is not the official receiver) must deliver the certificate to the official receiver.

(8) The official receiver must in any case deliver the certificate to the trustee.

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