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Technical guidance for Official Receivers 44. Decision procedures

This chapter gives advice to Official Receivers on carrying out a decision-making process under the insolvency legislation, in particular the process to effect the appointment of an insolvency practitioner as liquidator or trustee in place of the Official Receiver

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The general provisions of the Act under which creditors can require a liquidator or trustee to seek a decision [section 168(2) or section 314(7)] do not apply where the decision requested is the removal / replacement of the official receiver as liquidator or trustee. The Act has separate provision for these decisions [section 136(4) or section 298(4)] and the required majority to requisition these decisions is set out above (see also paragraph 44.9).

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Technical guidance for Official Receivers 44. Decision procedures

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