27. Appointment taking place out of Court business hours
Past version: effective from 14/06/2015 - 13/06/2015
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(1) The holder of a qualifying charge may file a notice of appointment with the Court, notwithstanding that the Court is not open for public business. When the Court is closed (and only when it is closed) a notice of appointment may be filed with the Court by faxing that form or sending it as an attachment to an e-mail in accordance with subsections (3) and (4). The notice of appointment shall be in the prescribed form.
(2) The filing of a notice in accordance with this Section shall have the same effect for all purposes as a notice of appointment filed in accordance with Section 25 (Notice of appointment) with the Court.
(3) The notice must be —
(a) faxed to a designated telephone number; or
(b) sent as an attachment by e-mail to a designated e-mail address,
which must be provided by the Court for that purpose.
(4) The Court must publish the designated telephone number and e-mail address on the Court website and, on request to the Court, make them available in writing.
(5) The appointor shall ensure that —
(a) a fax transmission report detailing the time and date of the fax transmission and the telephone number to which the notice was faxed and containing a copy of the first page (in part or in full) of the document faxed is created by the fax machine that is used to fax the form; or
(b) a hard copy of the e-mail is created detailing the time and date of the e-mail and the address to which it was sent and containing a copy of the document sent as an attachment,
as the case may be; and the appointor must retain the report or hard copy.
(6) The appointment shall take effect from the date and time of the fax transmission or sending of the e-mail. The appointor shall notify the administrator of the Company, as soon as reasonably practicable, that the notice has been filed.
(7) The copy of the faxed notice of appointment or the e-mail (or a hard copy of the e-mail) containing the notice of appointment as received by the Court (as the case may be), shall be forwarded as soon as reasonably practicable to the Court to be placed on the relevant Court file.
(8) The appointor shall take three copies of the notice of appointment that was faxed to the designated telephone number, together with the transmission report or hard copy required by subsection (5) and all the necessary supporting documents listed on the prescribed form, to the Court on the next day that the Court is open for business.
(9) The appointor shall attach to the notice a statement providing full reasons for the out of hours filing of the notice of appointment, including why it would have been damaging to the Company and its creditors not to have so acted.
(10) The copies of the notice shall be sealed by the Court and shall be endorsed with the date and time when, according to the appointor's fax transmission report or hard copy of the e-mail, the notice was faxed or sent and the date when the notice and accompanying documents were delivered to the Court.
(11) The administrator's appointment shall cease to have effect if the requirements of subsection (8) are not completed within the time period indicated in that subsection.
(12) Where any question arises in respect of the date and time that the notice of appointment was filed with the Court it shall be a presumption capable of rebuttal that the date and time shown on the appointor's fax transmission report or hard copy of the e-mail is the date and time at which the notice was so filed.
(13) The Court shall issue two of the sealed copies of the notice of appointment to the person making the appointment, who shall, as soon as reasonably practicable, send one of the copies to the administrator of a Company.