The Insolvency (England and Wales) Rules 2016

[F1 CHAPTER 4 E+W Obligations to notify where moratorium comes into force

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)

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

Notice given by court where moratorium comes into force: E+W

1A.11.   As soon as reasonably practicable after the coming into force of a moratorium the court must deliver to the directors a sealed copy of the document referred to in paragraph (a) or (b) (as the case may be) endorsed with the date and time of filing—

(a) in the case of a moratorium under section A3, the notice of filing referred to in rule 1A.3, or

(b) in the case of a moratorium under section A4 or A5, the application referred to in rule 1A.8.

Notice given by monitor where moratorium comes into force: standard contents and requirements E+W

1A.12.— (1) Notification of the coming into force of a moratorium required by section A8(1) must be delivered—

(a) to the persons specified in section A8(2), and

(b) where paragraph (2) applies, in accordance with that paragraph.

(2) Paragraph (3) applies where—

(a) notification is required to be given to any of the persons referred to in section A8(2)(b) to (d), or

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

(3) 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 A8(2)(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).]