33. Notice of appointment
Past version: effective from 14/06/2015 - 13/06/2015
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(1) A person who appoints an administrator of a Company under Section 29 (Power to appoint) shall file with the Court —
(a) a notice of appointment; and
(b) such other documents as are prescribed by Section 34 (Notice of appointment under Section 29).
(2) The notice of appointment must include a declaration (in a form prescribed by the Board in rules made by the Board) by or on behalf of the person who makes the appointment —
(a) that the person is entitled to make an appointment under Section 29 (Power to appoint);
(b) that the appointment is in accordance with this Part 1 (Administration); and
(c) that, so far as the person making the statement is able to ascertain, the statements made and information given in the declaration filed with the notice of intention to appoint remain accurate.
(3) The notice of appointment must identify the administrator of the Company and must be accompanied by a statement by the administrator —
(a) that he consents to the appointment;
(b) that in his opinion the purpose of administration is reasonably likely to be achieved; and
(c) giving such other information and opinions as may be prescribed.
(4) For the purpose of a statement under subsection (3) an administrator of a Company may rely on information supplied by Directors of the Company (unless he has reason to doubt its accuracy).
(5) The notice of appointment shall be in the prescribed form, as appropriate. Any document accompanying it must be in the prescribed form.
(6) A declaration under subsection (2) must be made not more than five (5) business days before the notice is filed with the Court.
(7) A person commits a contravention and is liable to a fine at the relevant level set out in the Fines Schedule if in a declaration under subsection (2) he makes a statement —
(a) which is false; and
(b) which he does not reasonably believe to be true.
(8) In a case in which no person is entitled to notice of intention to appoint under Section 31(1) (Notice of intention to appoint) (and Section 31(8) and (9) (Notice of intention to appoint) therefore do not apply) —
(a) the declaration accompanying the notice of appointment must include the statements and information required under Section 31(5) (Notice of intention to appoint); and
(b) Section 34(1)(c) (Notice of appointment under Section 29) shall not apply.