PART 3ADMINISTRATION

CHAPTER 12Replacing the administrator

Application to replace3.68

1

Where an application to court is made under paragraph 91(1) or 95 of Schedule B1 to appoint a replacement administrator, the application must be accompanied by the proposed replacement administrator’s consent to act.

2

Where the application is made under paragraph 91(1), a copy of the application must be delivered—

a

to the person who made the application for the administration order;

b

to any person who has appointed a receiver of the company;

c

to any person who is or may be entitled to appoint a receiver of the company;

d

to any person who is or may be entitled to appoint an administrator of the company under paragraph 14 of Schedule B1;

e

to any receiver of the company;

f

if there is pending a petition for the winding up of the company, to—

i

the petitioner, and

ii

any provisional liquidator;

g

to any member State liquidator appointed in main proceedings in relation to the company;

h

to the company, if the application is made by anyone other than the company;

i

to any supervisor of any CVA in relation to the company; and

j

to the proposed administrator.

3

Rules 3.10, 3.11 and 3.13(1) and (2) apply to applications made under paragraph 91(1) and 95 of Schedule B1, with any necessary modifications.