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

Summary

This is a blank statutory form (Form 485(2)B) prescribed under the Insolvency Rules 2005, made pursuant to section 485(2) of the Insolvency Act 2003. It is used by an overseas insolvency practitioner to formally notify that he has become the sole person acting as insolvency practitioner in a company's insolvency proceedings, typically because a former joint appointee has ceased to act.

• Purpose: Notifies the court, the appointer(s), or the Official Receiver that the overseas practitioner is now the sole appointee in the insolvency proceeding.
• Required details: The form requires the company name, 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 court-appointed), the Appointer(s) (if not court-appointed), and the Official Receiver.

The document itself is a fillable template with no substantive commentary; it does not state a specific time limit within which the notice must be filed.

Key obligations

• An overseas insolvency practitioner who becomes the sole person acting as insolvency practitioner (following a former joint appointee ceasing to act) must give notice using this form.
• The notice must identify the date on which the practitioner became aware he was the sole appointee, and provide the name, address and circumstances of the former joint appointee's cessation.
• The completed notice must be sent to the Court (if appointed by the Court), the Appointer(s) (if not court-appointed), and the Official Receiver.

Applies to

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