The Insolvency (England and Wales) Rules 2016

Appointment by the court (section 100(3) or 108)E+W

This section has no associated Explanatory Memorandum

6.22.—(1) This rule applies where the liquidator is appointed by the court under section 100(3) or 108.

(2) The court's order must not be made unless and until the proposed liquidator has filed with the court a statement of being qualified under the Act to act as an insolvency practitioner in relation to the company and of consenting to act.

(3) The order of the court must contain—

(a)the name of the court (and hearing centre if applicable) in which the order is made;

(b)the name and title of the judge making the order;

(c)the date on which it is made;

(d)identification details for the company;

(e)the name and postal address of the applicant;

(f)the capacity in which the applicant made the application;

(g)identification details for the proposed liquidator; and

(h)an order that the proposed liquidator, having filed a statement of being qualified to act as an insolvency practitioner in relation to the company and having consented to act, is appointed liquidator of the company from the date of the order, or such other date as the court orders.

(4) Where two or more liquidators are appointed the order 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 court must deliver a sealed copy of the order to the liquidator.

(6) Within 28 days from appointment, the liquidator must—

(a)deliver a notice of the appointment to creditors of the company; or

(b)advertise the appointment in accordance with any directions given by the court.