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PART 5WINDING UP BY THE COURT

CHAPTER 3Provisional liquidator

Application for appointment of provisional liquidator (section 135)

5.4.—(1) An application to the court for the appointment of a provisional liquidator under section 135 may be made by—

(a)the petitioner;

(b)a creditor of the company;

(c)a contributory;

(d)the company;

(e)the directors of the company;

(f)the Secretary of State;

(g)a temporary administrator;

(h)a member State liquidator appointed in main proceedings (including in accordance with Article 37(1) of the EU Regulation); or

(i)any person who under any enactment would be entitled to present a petition for the winding up of the company.

(2) The court must not make the appointment unless and until the person being appointed provisional liquidator has lodged in court a statement to the effect that that person is qualified to act as an insolvency practitioner in relation to the company and consents to act as provisional liquidator.