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Section 189: Vacancy in office of receiver

Insolvency Act · PART III: WINDING UP AND ALTERNATIVES

consolidated text (as at 2017, amended since). juris shows the text as it was consolidated; it does not confirm that this is the law in force today.

189. Vacancy in office of receiver (1) The office of a receiver shall become vacant if the person holding office resigns, dies or becomes disqualified. (2) A receiver appointed under a power conferred by an instrument may resign office by giving not less than 7 days’ written notice of his intention to resign to the person by whom he was appointed. (3) If, for any reason other than resignation, a vacancy occurs in the office of a receiver, written notice of the vacancy shall forthwith be delivered to the Director and to the Registrar of Companies by the person vacating office or, if that person is unable to act, by his legal representative. (4) A receiver appointed by the Court shall not resign without first obtaining the leave of the Court to do so. (5) A person vacating the office of receiver shall, where practicable, provide such information and give such assistance in the conduct of the receivership to his successor as that person reasonably requires. (6) On the application of a person appointed to fill a vacancy in the office of receiver, the Court may make any order that it considers necessary or desirable to facilitate the performance of his duties.

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