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.