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Insolvency Act 1986

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Changes over time for: Cross Heading: Office-holders

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Version Superseded: 15/09/2003

Status:

Point in time view as at 31/05/2002.

Changes to legislation:

Insolvency Act 1986, Cross Heading: Office-holders is up to date with all changes known to be in force on or before 09 March 2025. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations. Help about Changes to Legislation

Office-holdersE+W+S

230 Holders of office to be qualified insolvency practitioners.E+W+S

(1)Where an administration order is made in relation to a company, the administrator must be a person who is qualifed to act as an insolvency practitioner in relation to the company.

(2)Where an administrative receiver of a company is appointed, he must be a person who is so qualified.

(3)Where a company goes into liquidation, the liquidator must be a person who is so qualified.

(4)Where a provisional liquidator is appointed, he must be a person who is so qualified.

(5)Subsections (3) and (4) are without prejudice to any enactment under which the official receiver is to be, or may be, liquidator or provisional liquidator.

Modifications etc. (not altering text)

C1S. 230 applied (with modifications) (1.12.1994) by S.I. 1994/2421, reg. 8(3)(9), Sch. 4 Pt. II para. 26

231 Appointment to office of two or more persons.E+W+S

(1)This section applies if an appointment or nomination of any person to the office of administrator, administrative receiver, liquidator or provisional liquidator—

(a)relates to more than one person, or

(b)has the effect that the office is to be held by more than one person.

(2)The appointment or nomination shall declare whether any act required or authorised under any enactment to be done by the administrator, administrative receiver, liquidator or provisional liquidator is to be done by all or any one or more of the persons for the time being holding the office in question.

Modifications etc. (not altering text)

C2S. 231 applied (with modifications) (1.12.1994) by S.I. 1994/2421, art. 8(3)(9), Sch. 4 Pt. II para. 26

S. 231 applied (with modifications) (S.) (6.4.2001) by S.S.I. 2001/128, reg. 4(1), Sch. 2

232 Validity of office-holder’s acts.E+W+S

The acts of an individual as administrator, administrative receiver, liquidator or provisional liquidator of a company are valid notwithstanding any defect in his appointment, nomination or qualifications.

Modifications etc. (not altering text)

C3S. 232 applied (with modifications) (S.) (6.4.2001) by S.S.I. 2001/128, reg. 4(1), Sch. 2

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