• PART 7 PART 7 WINDING-UP BY THE COURT — ADMINISTRATION FOLLOWED BY WINDING-UP

    • 28. Application of Part

      This Part applies where a winding-up order has been made by the Court upon the application of the administrator under Section 113 (Court ending administration on application of administrator) and —

      (a) the Court makes a winding-up order in the circumstances described in Section 210(3) (Appointment of provisional liquidator or of liquidator following administration) appointing the administrator as the liquidator;
      (b) a creditors' committee was established in the administration under Section 72 (Creditors' committee);
      (c) at the date of the winding-up order the creditors' committee has at least three, but no more than five, members.

    • 29. Continuation of creditors' committee

      The creditors' committee is deemed to have been established under Section 72 (Creditors' Committee) and —

      (a) no action may be taken under Section 230 (Liquidation committee) to establish any other Liquidation Committee;
      (b) pending the issue of a certificate of continuance (as referred to in paragraph 30 (Certificate of continuance) of Part 7 (Winding-up by the Court — administration followed by winding-up) of this Schedule), the creditors' committee is suspended and cannot act.

    • 30. Certificate of continuance

      (1) The liquidator must ascertain whether the members of the creditors' committee agree to continue to act.
      (2) If the minimum number of three members required by paragraph 3 (Number of members of a creditors' committee) of Part 3 (Membership and formalities) of this Schedule to form a creditors' committee have signified their agreement to act, the liquidator must issue a certificate of the committee's continuance.
      (3) The certificate of continuance must —
      (a) identify and provide contact details for the Office-holder;
      (b) identify each Company that is a member of the creditors' committee;
      (c) where a member of the creditors' committee is not a Company, state the full name and postal address of that member;
      (d) where a member represents a creditor, state the name and postal address of the creditor that member is representing;
      (e) contain a statement of the continuance of the creditors' committee established under Section 72 (Creditors' Committee); and
      (f) be authenticated and dated by the Office-holder.
      (4) No person may act or continue to act as a member of the creditors' committee unless that person has agreed to do so.
      (5) The liquidator must deliver the certificate of continuance to the Registrar.

    • 31. Amended certificate of continuance

      (1) If members of the former creditors' committee other than those identified in the certificate of continuance signify their agreement to act as members of the Liquidation Committee, or if there is any other change in the membership of the Liquidation Committee, the liquidator must as soon as reasonably practicable issue an amended certificate of continuance.
      (2) The amended certificate must —
      (a) identify and provide contact details for the Office-holder;
      (b) state the date of the certificate of continuance and the date of the most recent amended certificate (if any) issued under this paragraph;
      (c) state that this amended certificate replaces the latest certificate referred to in sub-paragraph (2)(b);
      (d) identify each Company that is a member of the Liquidation Committee;
      (e) where a member of the Liquidation Committee is not a Company, state the full name and postal address of that member;
      (f) where a member represents a creditor, state the name and postal address of the creditor that member is representing;
      (g) indicate any member of the Liquidation Committee who has become a member since the latest certificate referred to in sub-paragraph (2)(b);
      (h) for any former member of the Liquidation Committee named on the latest certificate referred to in sub-paragraph (2)(b) state the relevant information under sub-paragraph (2)(d), (2)(e) or (2)(f) as applicable and the date when that member's membership of the Liquidation Committee terminated; and
      (i) be authenticated and dated by the Office-holder.
      (3) The liquidator must deliver the amended certificate of continuance to the Registrar.

    • 32. Obligations of the liquidator to the committee

      (1) As soon as reasonably practicable after the issue of the certificate of continuance under paragraph 30 (Certificate of continuance) of Part 7 (Winding-up by the Court — administration followed by winding-up) of this Schedule, the liquidator must report to the Liquidation Committee what actions the liquidator has taken since the date on which the Company went into liquidation.
      (2) A person who becomes a member of the Liquidation Committee after the date of issue of the certificate of continuance is not entitled to require a report from the liquidator of a matter previously arising, other than a summary report.
      (3) Nothing in this paragraph disentitles the Liquidation Committee, or a member of it, from having access to the records of the winding-up (whether relating to the period when the Company was in administration or to any subsequent period), or from seeking an explanation of a matter within the Liquidation Committee's responsibility.