The Insolvency (England and Wales) Rules 2016 No. 1024

[F1 PART 1A E+W MORATORIUMS

Textual Amendments

F1 Pt. 1A inserted (1.10.2021) by The Insolvency (England and Wales) (No.2) (Amendment) Rules 2021 (S.I. 2021/1028), rules 1, 6 (with rules 4, 5)

CHAPTER 7 E+W Notices about change in the end of moratorium

[Note: a document required by the Act or these Rules must also contain the standard contents set out in Part 1.]

Notification by directors to the monitor under section A17(1) of the Act: contents and requirements E+W

1A.20.— (1) A notice under section A17(1) must be delivered to the monitor.

(2) The notice must—

(a) be delivered within the period of three business days beginning with the day on which the duty to give the notice arises, and

(b) contain—

(i) the identification details for the company,

(ii) a statement specifying the provision in Part A1 of the Insolvency Act 1986 by virtue of which the moratorium was extended or came to an end (as the case may be) and

(iii) if the moratorium has come to an end by virtue of section A16(1)(a) or (b) (company enters into insolvency procedure etc.) the additional information required by paragraph (3).

(3) The additional information that is required if a moratorium has come to an end by virtue of—

(a) section A16(1)(a), is the date on which the compromise or arrangement came into effect, or

(b) section A16(1)(b), is—

(i) the date on which the company entered into the relevant insolvency procedure, and

(ii) the contact details for the office-holder for that procedure.

Notification by the monitor to the relevant persons under sections A17(2) or (3) of the Act: contents and requirements E+W

1A.21.— (1) Notification under section A17(2) or (3) must—

(a) be delivered—

(i) to the relevant persons specified in section A17(8)(a) to (d), and

(ii) where paragraph (4) applies, in accordance with that paragraph, and

(b) if the moratorium has come to an end by virtue of section A16(1)(b), contain the additional information referred to in paragraph (5).

(2) Notification delivered under this rule must be delivered within the period of five business days beginning with the day on which the duty to give the notice arises.

(3) Paragraph (4) applies where—

(a) notification is required to be given to any of the relevant persons referred to in section A17(8)(b) to (d), or

(b) the moratorium is for a company which is a regulated company within the meaning given by section A49(13).

(4) Where this paragraph applies—

(a) rule 1.19(3) (copy of a document delivered to registrar of companies may be used to satisfy requirements for delivery to other persons) does not apply, and

(b) the monitor must deliver a copy of the document delivered to the registrar of companies to—

(i) the persons referred to in section A17(8)(b) to (d), for the purpose of giving the notification required by those paragraphs, and

(ii) the appropriate regulator, for the purpose of giving the notification required by section A49(3).

(5) The additional information that is required if a moratorium has come to an end by virtue of section A16(1)(b) is—

(a) the date on which the company entered into the relevant insolvency procedure, and

(b) the contact details for the office-holder for that procedure.

[Note: Chapter 9 includes provision about notification by the monitor to the company etc. where the end of the moratorium changes by virtue of a notice given to the court under section A38 (termination of moratorium by monitor).]]