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The Insolvency Rules 1986

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CHAPTER 1APPOINTMENT OF ADMINISTRATIVE RECEIVER

Acceptance of appointment

3.1.  (1)  Where a person is appointed as the sole or joint administrative receiver of a company's property under powers contained in an instrument, the appointee, if he accepts the appointment, shall within 7 days confirm his acceptance in writing to the appointer.

(2) If two or more persons are appointed jointly as administrative receivers, each of them shall confirm acceptance on his own behalf; but the appointment is effective only when all those jointly appointed have complied with this Rule.

(3) Confirmation under this Rule may be given on the appointee's behalf by a person whom he has duly authorised to give it.

(4) In confirming his acceptance, the appointee shall state—

(a)the time and date of his receipt of notice of the appointment, and

(b)the time and date of his acceptance.

Notice and advertisement of appointment

3.2.  (1)  This Rule relates to the notice which a person is required by section 46(1) to send and publish, when appointed as administrative receiver.

(2) The following matters shall be stated in the notice—

(a)the registered name of the company, as at the date of the appointment, and its registered number;

(b)any other name with which the company has been registered in the 12 months preceding that date;

(c)any name under which the company has traded at any time in those 12 months, if substantially different from its then registered name;

(d)the name and address of the administrative receiver, and the date of his appointment;

(e)the name of the person by whom the appointment was made;

(f)the date of the instrument conferring the power under which the appointment was made, and a brief description of the instrument;

(g)a brief description of the assets of the company (if any) in respect of which the person appointed is not made the receiver.

(3) The administrative receiver shall cause notice of his appointment to be advertised once in the Gazette, and once in such newspaper as he thinks most appropriate for ensuring that it comes to the notice of the company's creditors.

(4) The advertisement shall state all the matters specified in subparagraphs (a) to (e) of paragraph (2) above.

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