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The Insolvency (Northern Ireland) Order 1989

Status:

This is the original version (as it was originally made).

Failure of meeting to appoint trustee

268.—(1) If a meeting summoned under Article 266 or 267 is held but no appointment of a person as trustee is made, the official receiver shall decide whether to refer the need for an appointment to the Department.

(2) On a reference made in pursuance of that decision, the Department shall either make an appointment or decline to make one.

(3) If—

(a)the official receiver decides not to refer the need for an appointment to the Department, or

(b)on such a reference the Department declines to make an appointment,

the official receiver shall give notice of his decision or, as the case may be, of the Department’s decision to the High Court.

(4) As from the giving of notice under paragraph (3) in a case in which no notice has been given under Article 266(2), the official receiver shall be trustee of the bankrupt’s estate.

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