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The Insolvency (Northern Ireland) Order 1989, Cross Heading: Notice of appointment is up to date with all changes known to be in force on or before 28 November 2024. 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.
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F1Sch. B1 inserted (27.3.2006) by Insolvency (Northern Ireland) Order 2005 (S.I. 2005/1455 (N.I. 10)), arts. 1(3), 3(2), Sch. 1 (with art. 4); S.R. 2006/21, art. 2 (with S.R. 2006/22, arts. 2-7)
19.—(1) A person who appoints an administrator of a company under paragraph 15 shall file with the High Court—N.I.
(a)a notice of appointment, and
(b)such other documents as may be prescribed.
(2) The notice of appointment must include a statutory declaration by or on behalf of the person who makes the appointment—
(a)that the person is the holder of a qualifying floating charge in respect of the company's property,
(b)that each floating charge relied on in making the appointment is (or was) enforceable on the date of the appointment, and
(c)that the appointment is in accordance with this Schedule.
(3) The notice of appointment must identify the administrator and must be accompanied by a statement by the administrator—
(a)that he consents to the appointment,
(b)that in his opinion the purpose of administration is reasonably likely to be achieved, and
(c)giving such other information and opinions as may be prescribed.
(4) For the purpose of a statement under sub-paragraph (3) an administrator may rely on information supplied by directors of the company (unless he has reason to doubt its accuracy).
(5) The notice of appointment and any document accompanying it must be in the prescribed form.
(6) A statutory declaration under sub-paragraph (2) must be made during the prescribed period.
(7) A person commits an offence if in a statutory declaration under sub-paragraph (2) he makes a statement—
(a)which is false, and
(b)which he does not reasonably believe to be true.]
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