Companies Act 2014 section 639

Consent to act

Section 639 requires that a person nominated as liquidator must consent to the appointment before it can take effect.

• A liquidator's appointment (other than a provisional liquidator) is invalid unless the nominee has given prior written consent.
• This written consent requirement now applies to all types of winding up, not just voluntary windings up as under the previous legislation.
• A provisional liquidator cannot be appointed unless the court is satisfied the nominee has consented beforehand.
• In both cases, consent must be obtained before the appointment is made, ensuring that no one is appointed to the role without their agreement.