Part IV Winding Up of Companies Registered under the Companies Acts

Chapter IV Creditors’ Voluntary Winding Up

100 Appointment of liquidator.

F1(1)

The company may nominate a person to be liquidator at the company meeting at which the resolution for voluntary winding up is passed.

(1A)

The company's creditors may in accordance with the rules nominate a person to be liquidator.

(1B)

The directors of the company must in accordance with the rules seek such a nomination from the company's creditors.

(2)

The liquidator shall be the person nominated by the creditors or, where no person has been so nominated, the person (if any) nominated by the company.

(3)

In the case of different persons being nominated, any director, member or creditor of the company may, within 7 days after the date on which the nomination was made by the creditors, apply to the court for an order either—

(a)

directing that the person nominated as liquidator by the company shall be liquidator instead of or jointly with the person nominated by the creditors, or

(b)

appointing some other person to be liquidator instead of the person nominated by the creditors.