Rule 2.16 Insolvency Rules 1986

Notice of appointment

(1) The notice of appointment for the purposes of an appointment under paragraph 14 shall be in Form 2.6B.

 

(2) The copies of the notice filed with the court, shall be accompanied by– 

(a) the administrator's written statement in Form 2.2B; and

 

(b) either– 

 

(i) evidence that the person making the appointment has given such notice as may be required by paragraph 15(1)(a); or

 

(ii) copies of the written consent of all those required to give consent in accordance with paragraph 15(1)(b); and

 

(c) a statement of those matters provided for in paragraph 100(2), if applicable.

 

(3) The statutory declaration on Form 2.6B shall be made not more than 5 business days before the form is filed with the court.

 

(4) Written consent may be given by the holder of a prior qualifying floating charge where a notice of intention to appoint an administrator has been given and filed with the court in accordance with Rule 2.15 above, by completing the section provided on Form 2.5B and returning to the appointor a copy of the form.

 

(5) Where the holder of a prior qualifying floating charge does not choose to complete the section provided on Form 2.5B to indicate his consent, or no such form has been sent to him, his written consent shall include– 

 

(a) details of the name, address of registered office and registered number of the company in respect of which the appointment is proposed to be made;

 

(b) details of the charge held by him including the date it was registered and, where applicable, any financial limit and any deeds of priority;

 

(c) his name and address;

 

(d) the name and address of the holder of the qualifying floating charge who is proposing to make the appointment;

 

(e) the date that notice of intention to appoint was given;

 

(f) the name of the proposed administrator;

 

(g) a statement of consent to the proposed appointment, and it shall be authenticated  and dated.

 

(6) This Rule and the following Rule are subject to Rule 2.19, the provisions of which apply when an appointment is to be made out of court business hours.