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Contents

Part 8 · Winding Up

134. Appointment, style, etc., of liquidators

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The following provisions with respect to liquidators have effect on a winding up order being made:

(a)

the Court may appoint a licensed insolvency practitioner or, if the Official Receiver consents, the Official Receiver, to be the liquidator;

(b)

at any time when the Official Receiver is the liquidator of the company, the Official Receiver may summon separate meetings of the creditors and contributories of the company for the purpose of determining whether or not an application is to be made to the Court for appointing a liquidator in the place of the Official Receiver;

(c)

the Court may make any appointment and order required to give effect to any determination mentioned in paragraph (b), and, if there is a difference between the determinations of the meetings of the creditors and contributories in respect of the matter mentioned in paragraph (b), the Court must decide the difference and make such order on the difference as the Court thinks fit;

(d)

in a case where a winding up order is made under section 125(1)(n) on the ground that the company is being used for purposes against national security or interest, the Official Receiver must be the liquidator of the company;

(e)

any vacancy in the office of a liquidator appointed by the Court must be filled by the Court, and, pending the appointment of a replacement liquidator by the Court, the Official Receiver is by virtue of the Official Receiver’s office the liquidator during such vacancy;

(f)

where the Official Receiver is the provisional liquidator or liquidator of the company, including where the Official Receiver is the liquidator under paragraph (e), the Official Receiver may, at any time, appoint one or more licensed insolvency practitioners to act as the provisional liquidator or liquidator in place of the Official Receiver;

(g)

the appointment of any licensed insolvency practitioner appointed as a provisional liquidator or liquidator under paragraph (f) does not take effect until that person agrees to be appointed as a provisional liquidator or liquidator of the company;

(h)

a liquidator must be described, where a person other than the Official Receiver is liquidator, by the style of “the liquidator”, and, where the Official Receiver is liquidator, by the style of “the Official Receiver and liquidator”, of the particular company in respect of which the liquidator is appointed, and not by the liquidator’s individual name.

Report

Part 9

Provisions Applicable in Judicial Management and Winding Up

Part 10

Winding Up of Unregistered Companies and Liquidation or Dissolution of Foreign Companies

Part 10A

Simplified Winding Up

Part 11

Cross-Border Insolvency

Part 12

General Provisions Applicable to Parts 4 to 11

Part 13

Bankruptcy — Preliminary

Part 14

Voluntary Arrangements

Part 15

Debt Repayment Scheme

Part 16

Proceedings in Bankruptcy

Part 17

Administration in Bankruptcy

Part 18

Annulment and Discharge

Part 19

Duties, Disqualification and Disabilities of Bankrupt

Part 20

Bankruptcy Offences

Part 21

Bankruptcy Miscellaneous Provisions

Part 22

Provisions Against Debt Avoidance and Limitation on Certain Contractual Rights

Part 23

Miscellaneous and General Provisions

Part 24

Consequential and Related Amendments to Other Acts

Part 25

Saving and Transitional Provisions

Schedules