THE FIRST GROUP OF PARTS

PART 4COMPANIES WINDING UP

CHAPTER 11THE LIQUIDATOR

SECTION B: RESIGNATION AND REMOVAL; VACATION OF OFFICE

Action following acceptance of resignation4.109

(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

[[FORM 4.32]] 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).

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.