PART 3ADMINISTRATION
CHAPTER 12Replacing the administrator
Notice of intention to resign3.63
1
The administrator must give at least five business days’ notice of intention—
a
to resign in a case falling within rule 3.62(1); or
b
to apply for the court’s permission to resign in a case falling within rule 3.62(2).
2
The notice must contain—
a
identification details for the insolvency proceedings;
b
the date of the appointment of the administrator; and
c
the name of the person who made the appointment or the administration application, as the case may be.
3
The notice must also contain—
a
the date with effect from which the administrator intends to resign; or
b
where the administrator was appointed by an administration order, the date on which the administrator intends to lodge with the court an application for permission to resign.
4
Notice must be delivered—
a
to any continuing administrator of the company;
b
to the creditors’ committee (if any);
c
if there is neither a continuing administrator nor a creditors’ committee, to—
i
the company, and
ii
the company’s creditors;
d
to the member State liquidator appointed in relation to the company (if there is one);
e
where the administrator was appointed by the holder of a qualifying floating charge under paragraph 14 of Schedule B1, to—
i
the person who appointed the administrator, and
ii
all holders of prior qualifying floating charges;
f
where the administrator was appointed by the company or the directors of the company under paragraph 22 of Schedule B1, to—
i
the appointer, and
ii
all holders of qualifying floating charges.
5
The notice must be accompanied by a summary of the administrator’s receipts and payments.