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Section 136: Functions of official receiver in relation to office of liquidator.

Insolvency Act 1986 · 1986 c. 45View on legislation.gov.uk

Part IV: Winding Up of Companies Registered under the Companies Acts — Chapter VI: Winding Up by the Court

The following provisions of this section have effect, subject to section 140 below, on a winding-up order being made by the court in England and Wales.

The official receiver, by virtue of his office, becomes the liquidator of the company and continues in office until another person becomes liquidator under the provisions of this Part.

The official receiver is, by virtue of his office, the liquidator during any vacancy.

At any time when he is the liquidator of the company, the official receiver may in accordance with the rules seek nominations from the company's creditors and contributories for the purpose of choosing a person to be liquidator of the company in place of the official receiver.

It is the duty of the official receiver—

as soon as practicable in the period of 12 weeks beginning with the day on which the winding-up order was made, to decide whether to exercise his power under sub-section (4) ... , and
if in pursuance of paragraph (a) he decides not to exercise that power, to give notice of his decision, before the end of that period, to the court and to the company's creditors and contributories, and
(whether or not he has decided to exercise that power) to exercise his power ... under subsection (4) if he is at any time requested, in accordance with rules, to do so by one-quarter, in value, of the company's creditors;

and accordingly, where the duty imposed by paragraph (c) arises before the official receiver has performed a duty imposed by paragraph (a) or (b), he is not required to perform the latter duty.

A notice given under subsection (5)(b) to the company's creditors shall contain an explanation of the creditors' power under subsection (5)(c) to require the official receiver to seek nominations from the company's creditors and contributories.

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This legislation text comes from legislation.gov.uk. Contains public sector information licensed under the Open Government Licence v3.0. These source and reuse terms cover the legislation text, not Remedy's commentary.

Reuse reviewed 21 August 2026 under Open Government Licence v3.0.