PART 5MEMBERS' VOLUNTARY WINDING UP

CHAPTER 2The liquidator

Appointment by the company5.2.

(1)

This rule applies where the liquidator is appointed by the company.

(2)

The chair of the meeting, or a director or the secretary of the company in the case of a written resolution of a private company, must certify the appointment when the appointee has provided to the person certifying the appointment a statement to the effect that the appointee is an insolvency practitioner qualified under the Act to be the liquidator and consents to act.

(3)

The certificate must be authenticated and dated by the person who certifies the appointment and must contain—

(a)

identification details for the company;

(b)

identification and contact details for the person appointed as liquidator;

(c)

the date the liquidator was appointed; and

(d)

a statement that the appointee—

(i)

provided a statement of being qualified to act as an insolvency practitioner in relation to the company,

(ii)

has consented to act, and

(iii)

was appointed liquidator of the company.

(4)

Where two or more liquidators are appointed the certificate must also specify (as required by section 231) whether any act required or authorised under any enactment to be done by the liquidator is to be done by all or any one or more of them.

(5)

The person who certifies the appointment must deliver the certificate as soon as reasonably practicable to the liquidator, who must keep it as part of the records of the winding up.

(6)

Not later than 28 days from the liquidator's appointment, the liquidator must deliver notice of the appointment to the creditors of the company.