THE FIRST GROUP OF PARTS

PART 4 COMPANIES WINDING UP

CHAPTER 11 THE LIQUIDATOR

SECTION B: RESIGNATION AND REMOVAL; VACATION OF OFFICE

4.109 Action following acceptance of resignation
(NO CVL APPLICATION)
1 This Rule applies where a meeting is summoned to receive the liquidator's resignation.
2 If the chairman of the meeting is other than the official receiver, and there is passed at the meeting any of the following resolutions—
(a) that the liquidator's resignation be accepted,
(b) that a new liquidator be appointed,
(c) that the resigning liquidator be not given his release,
the chairman shall, within 3 days, send to the official receiver a copy of the resolution.
If it has been resolved to accept the liquidator's resignation, the chairman shall send to the official receiver a certificate to that effect.
3 If the creditors have resolved to appoint a new liquidator, the certificate of his appointment shall also be sent to the official receiver within that time; and Rule 4.100 shall be complied with in respect of it.
4 If the liquidator's resignation is accepted, the notice of it required by section 172(6) shall be given by him forthwith after the meeting; and he shall send a copy of the notice to the official receiver.
The notice shall be accompanied by a copy of the account sent to creditors under Rule 4.108(3).
[FORM 4.32]
5 The official receiver shall file a copy of the notice in court.
6 The liquidator's resignation is effective as from the date on which the official receiver files the copy notice in court, that date to be endorsed on the copy notice.