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108.—(1) Rule 2.130 (application for conversion into winding up) is amended as follows.
(2) For paragraph (1) substitute—
“(1) Where a member State liquidator proposes to apply to the court for the conversion into winding-up proceedings of an administration, a witness statement complying with Rule 2.131 must be prepared and filed with the court in support of the application.
(1A) In this Rule, and in Rules 2.131 and 2.132, “conversion into winding-up proceedings” means an order under Article 37 of the EC Regulation (conversion of earlier proceedings) that—
(a)the purposes of the administration are to be limited to the winding up of the company through administration and are to exclude the purpose contained in sub- paragraph (a) of paragraph 3(1);
(b)the administration is converted into a creditors’ voluntary winding up; or
(c)the administration is converted into a winding up by the court.”.
(3) In paragraph (3), for “affidavit” substitute “witness statement”.
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