Insolvency Act · 2022 Revised Edition · Chapter VI
115. Appointment by Minister
Official textFrom Attorney General's Chambers, unchanged
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.
Court
“Court”, in relation to a company, means a court having jurisdiction to wind up the company;
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.
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.
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.
company
“company” means a company incorporated or registered under the Companies Act;
In that notice or advertisement, the liquidator shall —
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
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.
Terms defined in s 3
company
Defined · s 3“company” means a company incorporated or registered under the Companies Act;
Court
Defined · s 3“Court”, in relation to a company, means a court having jurisdiction to wind up the company;
insolvency
Defined · s 3“insolvency”, in relation to a company, includes the approval of a voluntary arrangement or the appointment of a judicial manager;
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