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2.48 Outstanding matters
When the winding-up or bankruptcy order is made, any provisional liquidatorship or interim receivership will terminate and the official receiver will become liquidator of the company or receiver (or, in exceptional circumstances, trustee) of the bankrupt’s estate. The official receiver should, wherever possible, make immediate application to the court for an order in relation to all outstanding matters in the provisional liquidatorship or interim receivership in respect of which a liquidator, receiver of a bankrupt’s estate or trustee needs the sanction of either the court or, where appropriate, a liquidation or creditors’ committee. This will normally involve legal proceedings or the carrying on of a business. Such an order sanctioning the continuation of matters in relation to which the leave of the court was obtained in the provisional liquidatorship or interim receivership should be sought even where the official receiver has been acting in the case, since the change in the nature of his office makes further sanction necessary.
Notes: [s136(2) or 287(1)] [s297(1) or (2)] [R10.3] [s167 and Schedule 4; s314 and Schedule 5]
2.49 Application to Secretary of State (winding up only)
In some cases it will not be possible to deal with all relevant matters on or immediately following the hearing of the petition. This may particularly be the case where a practitioner has been acting and the official receiver has had little previous involvement with the case. Where these circumstances exist in a winding up the official receiver should in the first instance apply to the Secretary of State acting as the liquidation committee for the necessary sanctions in relation both to matters previously in train or newly arising. The application should be sent to Technical Section at Headquarters who should, especially in relation to any matter requiring urgent attention, be given prior warning by telephone. Only in exceptional circumstances is it likely that technical Section will be unable to deal with the matter so that it has to be referred to the court.
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