Article 22 - Appointment out of QFC Court business hours
(1) A notice of appointment under Article 21 or 25 and a notice of intention to appoint under Article 24 may be filed with the
QFC Court, notwithstanding that the QFC Court is not open for public business. When the QFC Court is closed (and only when it is closed) a notice of appointment and a notice of intention to appoint may be filed with the QFC Court by faxing that form in accordance with Article 22(4).
(2) The notice shall be faxed to a designated telephone number of the
QFC Court. The QFC Authority shall publish the telephone number of the relevant fax machine on the QFC website and on request to the QFC Authority, make it available in writing.
(3) The appointor shall ensure that a fax transmission report detailing the time and date of the fax transmission and containing a copy of the first page (in part or in full) of the document faxed is created by the fax machine that is used to fax the form.
(4) The appointment shall take effect from the date and time of that fax transmission. The appointor shall notify the
Administrator, as soon as reasonably practicable, that the notice has been filed.
(5) The appointor shall deliver three copies of the notice of appointment that was faxed to the designated telephone number, together with the transmission report showing the date and time that the form was faxed to the designated telephone number to the
QFC Court on the next day that the QFC Court is open for business.
(6) The copies of the notice shall be sealed by the
QFC Court and shall be endorsed with the date and time when, according to the appointor's fax transmission report, the notice was faxed and the date when the notice and accompanying documents were delivered to the QFC Court.
Administrator's appointment shall cease to have effect if the requirements of Article 22(5) are not completed within the time period indicated and, subject to an order of the QFC Court, the Secured Creditor may be liable for any loss suffered by the Company as a result.
(8) Where any question arises in respect of the date and time that the notice of appointment was filed with the
QFC Court it shall be a presumption capable of rebuttal that the date and time shown on the appointor's fax transmission report is the date and time at which the notice was so filed.
QFC Court shall issue two of the sealed copies of the notice of appointment to the person making the appointment, who shall, as soon as reasonably practicable, send one of the copies to the Administrator.