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4.139. (NO CVL APPLICATION)
(1) Subject to paragraph (2), where the liquidator (other than the official receiver) has died, it is the duty of his personal representatives to give notice of the fact to the official receiver, specifying the date of the death.
(2) Paragraph (1) does not apply if notice has been given under paragraphs (3), (4) or (5).
(3) If the deceased liquidator was a partner in a firm, notice may be given to the official receiver by a partner in the firm who is qualified to act as an insolvency practitioner, or is a member of any body recognised by the Department for the authorisation of insolvency practitioners.
(4) Notice of the death may be given by any person producing to the official receiver the relevant death certificate or a copy of it.
(5) The official receiver shall give notice to the court, for the purpose of fixing the date of the deceased liquidator's release, and to the registrar.
[E.R.4.132]
4.140-CVL.—(1) Subject to paragraph (2), where the liquidator has died, it is the duty of his personal representatives to give notice of the fact, and of the date of death, to the registrar and to the liquidation committee (if any) or a member of that committee.[FORM 4.45]
(2) In the alternative, notice of the death may be given—
(a)if the deceased liquidator was a partner in a firm, by a partner qualified to act as an insolvency practitioner or who is a member of any body approved by the Department for the authorisation of insolvency practitioners, or
(b)by any person, if he delivers with the notice a copy of the relevant death certificate.
[E.R.4.133-CVL]
4.141. (NO CVL APPLICATION)
(1) This Rule applies where the liquidator vacates office on ceasing to be qualified to act as an insolvency practitioner in relation to the company.
(2) He shall forthwith give notice of his doing so to the official receiver, who shall give notice to the Department and the registrar.[FORM 4.46]
(3) The official receiver shall file in court a copy of his notice under paragraph (2).
(4) Rule 4.128 applies as regards the liquidator obtaining his release, as if he had been removed by the court.
[E.R.4.134]
4.142-CVL.—(1) This Rule applies where the liquidator vacates office on ceasing to be qualified to act as an insolvency practitioner in relation to the company.
(2) He shall forthwith give notice of his doing so to the registrar and the Department.[FORM 4.47] [FORM 4.46]
(3) Rule 4.129-CVL applies as regards the liquidator obtaining his release, as if he had been removed by the court.
[E.R.4.135-CVL]
4.143-CVL. Where the liquidator vacates office in consequence of the court making a winding-up order against the company, Rule 4.129-CVL applies as regards his obtaining his release, as if he had been removed by the court.
[E.R.4.136-CVL]
4.144. (NO CVL APPLICATION)
(1) Where the liquidator intends to vacate office, whether by resignation or otherwise, he shall give notice of his intention to the official receiver together with notice of any creditors' meeting to be held in respect of his vacation of office, including any meeting to receive his resignation.
(2) The notice to the official receiver must be given at least 21 days before any such creditors' meeting.
(3) Where there remains any property of the company which has not been realised, applied, distributed or otherwise fully dealt with in the winding up, the liquidator shall include in his notice to the official receiver details of the nature of that property, its value (or the fact that it has no value), its location, any action taken by the liquidator to deal with that property or any reason for his not dealing with it, and the current position in relation to it.
[E.R.4.137]
4.145.—(1) Where the liquidator ceases to be in office as such, in consequence of removal, resignation or cesser of qualification as an insolvency practitioner, he is under obligation forthwith to deliver up to the person succeeding him as liquidator the assets (after deduction of any expenses properly incurred, and distributions made, by him) and further to deliver up to that person—
(a)the records of the liquidation, including correspondence, proofs and other related papers appertaining to the administration while it was within his responsibility, and
(b)the company's books, papers and other records.
(2) When the winding up is for practical purposes complete, the liquidator shall forthwith file in court all proofs remaining with him in the proceedings. (NO CVL APPLICATION)
(3) Where the liquidator vacates office under Article 146(7) (final meeting of creditors), he shall deliver up to the official receiver the company's books, papers and other records which have not already been disposed of in accordance with general regulations in the course of the liquidation. (NO CVL APPLICATION)
[E.R.4.138]
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