The Insolvency (England and Wales) Rules 2016

Appointment by the court E+W

7.56.—(1) This rule applies where the liquidator is appointed by the court under section 139(4) (different persons nominated by creditors and contributories) or section 140 M1 (winding up following administration or CVA).

(2) The court must not make the order unless and until the person being appointed has filed with the court a statement to the effect that that person is an insolvency practitioner, duly qualified under the Act to be the liquidator, and consents to act.

(3) The order of the court must contain—

(a) identification details for the proceedings;

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

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

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

(e) identification and contact details for the proposed liquidator;

(f) a statement that the proposed liquidator has filed—

(i) a statement of qualification to act as an insolvency practitioner in relation to the company, and

(ii) a consent to act;

(g) the order that the proposed liquidator is appointed liquidator of the company; and

(h) the date on which the order is made.

(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 two copies of the order to the official receiver one of which must be sealed.

(6) The official receiver must deliver the sealed copy of the order to the person appointed as liquidator.

(7) The liquidator's appointment takes effect from the date of the order or such other date as the court orders.

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

(a) deliver notice of the appointment to the creditors and to the contributories of the company of whom the liquidator is aware; or

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

(9) In the notice under this rule the liquidator must—

(a) state whether the liquidator proposes to seek decisions from creditors and contributories for the purpose of establishing a liquidation committee, or proposes only to seek a decision from creditors for that purpose; and

(b) if the liquidator does not propose to seek any such decision, set out the powers of the creditors under the Act to require the liquidator to seek one.

Marginal Citations

M1 Section 140(3) is amended by paragraph 35 of Schedule 9 to the Small Business, Enterprise and Employment Act 2015 (c.26).