The Insolvency (England and Wales) Rules 2016

Notice of continuation of a moratorium where physical meeting of creditors is summoned (paragraph 8(3B) of Schedule A1)E+W

This section has no associated Explanatory Memorandum

2.16.—(1) This rule applies where under paragraph 8(3B)(b) and (3C) of Schedule A1 M1 the moratorium continues after the initial period of 28 days referred to in paragraph 8(3) of that Schedule because a physical meeting of the company's creditors is first summoned to take place after the end of that period.

(2) The nominee must file with the court and deliver to the registrar of companies a notice of the continuation as soon as reasonably practicable after summoning such a meeting of the company's creditors.

(3) The notice must—

(a)identify the company;

(b)give the name and address of the nominee;

(c)state the date on which the notice of the meeting was sent to the creditors under rule 15.6;

(d)state the date for which the meeting is summoned;

(e)state that under paragraph 8(3B)(b) and (3C) of Schedule A1 the moratorium will be continued to that date; and

(f)be authenticated and dated by the nominee.

Marginal Citations

M1Paragraph 8 is amended by paragraph 9(4) and (5) of Schedule 9 to the Small Business, Enterprise and Employment Act 2015 (c.26).