Clause 489

by deleting the definition of “Official Receiver” in section 2(1) and substituting the following definition:“ “Official Receiver” has the meaning given by section 2(1) of the Insolvency, Restructuring and Dissolution Act 2018;”;

by deleting the words “Part X of the Companies Act (Cap. 50)” in section 19A(2)(c)(i) and substituting the words “Part 8 of the Insolvency, Restructuring and Dissolution Act 2018”;

by deleting sub-paragraphs (c) and (d) of paragraph 2(1) of the Fourth Schedule and substituting the following sub‑paragraphs:“(c)a chargee or other security holder of any property of the limited liability partnership;

an auditor of the limited liability partnership;

a partner, manager or employee of the limited liability partnership;

a director, secretary or employee of any corporation that is a chargee or other security holder of the property of the limited liability partnership;

any person who is neither a licensed insolvency practitioner nor the Official Receiver.”;

by deleting the words “or (d)” in paragraph 2(2) of the Fourth Schedule and substituting the words “or (g)”;

by deleting the definition of “approved liquidator” in paragraph 1 of the Fifth Schedule;

by inserting, immediately after the definition of “Court” in paragraph 1 of the Fifth Schedule, the following definition:“ “licensed insolvency practitioner” has the meaning given by section 2(1) of the Insolvency, Restructuring and Dissolution Act 2018;”;

by deleting the words “an approved liquidator” in paragraphs 10(1)(a), 15 and 37(1) of the Fifth Schedule and substituting in each case the words “a licensed insolvency practitioner”; and

by deleting paragraph 11 of the Fifth Schedule and substituting the following paragraph:“Appointment, style, etc., of liquidators

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

at any time when the Official Receiver is the liquidator of the limited liability partnership, the Official Receiver may summon separate meetings of the creditors and partners of the limited liability partnership 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;

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

in a case where a winding up order is made under paragraph 3(1)(f) on the ground that the limited liability partnership is being used for purposes against national security or interest, the Official Receiver must be the liquidator of the limited liability partnership;

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;

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 limited liability partnership in respect of which the liquidator is appointed, and not by the liquidator’s individual name.”.