Insolvency Act · s 115

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115.
Appointment by Minister
(1) In a winding up by the Court, the Official Receiver may, at any time when he is the liquidator of the company, apply to the Minister for the appointment of a person as liquidator in his place.
(2) If meetings are held in pursuance of a decision under section 114(5)(a), but no person is chosen to be liquidator as a result of those meetings, it is the duty of the Official Receiver to decide whether to refer the need for an appointment to the Minister.
(3) On an application under subsection (1), or a reference made in pursuance of a decision under subsection (2), the Minister shall make an appointment or decline to make one.
(4) Where a liquidator has been appointed by the Minister under subsection (3), the liquidator shall give notice of his appointment to the company’s creditors or, if the Court so allows, shall advertise his appointment in accordance with the directions of the Court.
(5) In that notice or advertisement, the liquidator shall —
(a) state whether he proposes to summon a general meeting of the company’s creditors under section 118 for the purpose of determining (together with any meeting of the company’s

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contributories) whether a liquidation committee should be established under that section; and
(b) if he does not propose to summon such a meeting, set out the power of the company’s creditors under that section to require him to summon one.

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s 115Appointment by Minister

(1)

In a winding up by the Court, the Official Receiver may, at any time when he is the liquidator of the company, apply to the Minister for the appointment of a person as liquidator in his place.

(2)

If meetings are held in pursuance of a decision under section 114(5)(a), but no person is chosen to be liquidator as a result of those meetings, it is the duty of the Official Receiver to decide whether to refer the need for an appointment to the Minister.

(3)

On an application under subsection (1), or a reference made in pursuance of a decision under subsection (2), the Minister shall make an appointment or decline to make one.

(4)

Where a liquidator has been appointed by the Minister under subsection (3), the liquidator shall give notice of his appointment to the company’s creditors or, if the Court so allows, shall advertise his appointment in accordance with the directions of the Court.

(5)

In that notice or advertisement, the liquidator shall —

(a)

state whether he proposes to summon a general meeting of the company’s creditors under section 118 for the purpose of determining (together with any meeting of the company’s

Insolvency 100

contributories) whether a liquidation committee should be established under that section; and

(b)

if he does not propose to summon such a meeting, set out the power of the company’s creditors under that section to require him to summon one.