Insolvency Rules 2005, Form 485(2)A - Notice by an Overseas Practitioner That He Is the Sole Appointee

Summary

This is a statutory form under the Insolvency Rules 2005, made under section 485(2) of the Insolvency Act 2003. It is used by an overseas insolvency practitioner to notify relevant parties that a former joint appointee has ceased to act and that he is now the sole insolvency practitioner in the proceedings.

• Form contents: Requires the company name and number, court reference, type of insolvency proceeding, the date the practitioner became aware he was the sole appointee, and the name, address and circumstances of the former joint appointee ceasing to act.
• Recipients: The completed notice must be sent to the Court (if the practitioner was appointed by the Court), to the Appointer(s) (if not court-appointed), and to the Official Receiver.
• Signature: The notice must be signed and dated by the presenter, with printed name and presenter's address and reference included.

As a prescribed form, it does not itself create new substantive duties beyond those in the Insolvency Act 2003 and Insolvency Rules 2005 governing overseas practitioners' notice obligations; it simply prescribes the format for giving that statutory notice.

Key obligations

• An overseas insolvency practitioner who becomes the sole person acting as insolvency practitioner in proceedings (following a former joint appointee ceasing to act) must complete and submit Form 485(2)A notifying this fact.
• The notice must identify the former joint appointee and describe the circumstances in which that appointee ceased to act.
• The completed notice must be sent to the Court, the Appointer(s), or the Official Receiver as applicable.

Applies to

overseas insolvency practitioners, insolvency appointees, companies subject to insolvency proceedings