The Insolvency Rules (Northern Ireland) 1991

CHAPTER 2 APPOINTMENT

Acceptance and confirmation of acceptance of appointment

3.02.—(1) Where two or more persons are appointed as joint receivers or managers of a company's property under powers contained in an instrument, the acceptance of such an appointment shall be made by each of them in accordance with Article 43 as if that person were a sole appointee, but the joint appointment takes effect only when all such persons have so accepted and is then deemed to have been made at the time at which the instrument of appointment was received by or on behalf of all such persons.

(2) Subject to paragraph (3), where a person is appointed as the sole or joint receiver of a company's property under powers contained in an instrument, the appointee shall, if he accepts the appointment, within 7 days confirm his acceptance in writing to the person appointing him.

(3) Paragraph (2) does not apply where an appointment is accepted in writing.[FORM 3.01]

(4) Any acceptance or confirmation of acceptance of appointment as a receiver or manager of a company's property, whether under the Order or the Rules, may be given by any person (including, in the case of a joint appointment, any joint appointee) duly authorised for that purpose on behalf of the receiver or manager.

(5) In confirming acceptance the appointee or person authorised for that purpose shall state—

(a) the time and date of receipt of the instrument of appointment, and

(b) the time and date of acceptance.

[E.R.3.1]

Notice and advertisement of appointment

3.03.—(1) This Rule relates to the notice which a person is required by Article 56(1) to send and publish, when appointed as administrative receiver.

(2) The following matters shall be stated in the notices sent to the company and the creditors—

(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.[FORM 3.02]

(4) The advertisement shall state all the matters specified in sub-paragraphs (a) to (e) of paragraph (2).

[E.R.3.2]