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Insolvency Act 1986

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  • First Group of Parts amendment to earlier affecting provision S.I. 2006/3107, art. 3, Sch. by S.I. 2018/208 reg. 11

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137 Appointment by Secretary of State.E+W+S

(1)In a winding up by the court in England and Wales the official receiver may, at any time when he is the liquidator of the company, apply to the Secretary of State for the appointment of a person as liquidator in his place.

(2)If [F1meetings are held] [F1nominations are sought from the company's creditors and contributories] in pursuance of a decision under section 136(5)(a), but no person is chosen to be liquidator as a result [F2of those meetings], it is the duty of the official receiver to decide whether to refer the need for an appointment to the Secretary of State.

(3)On an application under subsection (1), or a reference made in pursuance of a decision under subsection (2), the Secretary of State shall either make an appointment or decline to make one.

(4)Where a liquidator has been appointed by the Secretary of State under subsection (3), the liquidator shall give notice of his appointment to the company’s creditors or, if the court so allows, shall advertise his appointment in accordance with the directions of the court.

(5)In that notice or advertisement the liquidator [F3shall—

(a)state whether he proposes to summon a general meeting of the company’s creditors under section 141 below for the purpose of determining (together with any meeting of contributories) whether a liquidation committee should be established under that section, and

(b)if he does not propose to summon such a meeting, set out the power of the company’s creditors under that section to require him to summon one.]

[F3must explain the procedure for establishing a liquidation committee under section 141.]

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Modifications etc. (not altering text)

C1S. 137 applied (with modifications) (1.12.1994) by S.I. 1994/2421, art. 8(3)(9), Sch. 4 Pt. II para. 13

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