Part IV Winding Up of Companies Registered under the Companies Acts

Chapter IV Creditors’ Voluntary Winding Up

101 Appointment of liquidation committee.

F1(1)

The creditors may in accordance with the rules appoint a committee (“the liquidation committee”) of not more than 5 persons to exercise the functions conferred on it by or under this Act.

(2)

If such a committee is appointed, the company may, either at the meeting at which the resolution for voluntary winding up is passed or at any time subsequently in general meeting, appoint such number of persons as they think fit to act as members of the committee, not exceeding 5.

(3)

However, the creditors may, if they think fit, F2decide that all or any of the persons so appointed by the company ought not to be members of the liquidation committee; and if the creditors so F2decide

(a)

F3those persons are not then, unless the court otherwise directs, qualified to act as members of the committee; and

(b)

on any application to the court under this provision the court may, if it thinks fit, appoint other persons to act as such members in place of F3those persons.

(4)

F4In Scotland, the liquidation committee has, in addition to the powers and duties conferred and imposed on it by this Act, such of the powers and duties of commissioners on a bankrupt estate as may be conferred and imposed on liquidation committees by the rules.