Ch 48: Vacation of Office and release of Liquidators and Trustees (other than the Official Receiver)

September 1997

(Amended December 2010) 

Introduction

This chapter gives general advice and guidance relating to the vacation of office and release from office of liquidators and trustees other than the official receiver. The chapter includes information on the procedures to be followed when an office holder resigns their post and how creditors can effect the removal of a liquidator or trustee from office. There is also guidance as to how the death of an office holder should be managed, and the procedures to follow if a liquidator or trustee loses their authority to act.

The Insolvency (Amendment) Rules 2010 came into force on 6 April 2010 and have had some effect on vacation of office and release of liquidators and trustees. Details as to the application of the transitional provisions are shown at the beginning of each part, and throughout the chapter paragraphs have been updated to reflect the rules changes where relevant. Further details regarding the application of the transitional provisions can be found at Annex A.

The chapter is divided into the following parts:

Part 1 - Voluntary liquidation (paragraph 48.1 to 48.11)

Part 2 - Court Winding up (paragraph 48.12EA to 48.24)

Part 3 - Bankruptcy (paragraph 48.25EA to 48.36)

The chapter contains the following annex:

Annex A – Transitional provisions

[On to Part 1 – Voluntary liquidation]