The Insolvency (England and Wales) Rules 2016

Notice of intention to appoint E+W

3.23.—(1) If paragraph 26 of Schedule B1 requires a notice of intention to appoint an administrator under paragraph 22 of that Schedule then the notice must be headed “Notice of intention to appoint an administrator by company or directors” and must contain the following—

(a) identification details for the proceedings;

(b) a statement that the company or the directors, as the case may be, intend to appoint an administrator of the company;

(c) the name and address of the proposed administrator;

(d) the names and addresses of the persons to whom notice is being given in accordance with paragraph 26(1) of Schedule B1;

(e) a statement that each of those persons is or may be entitled to appoint—

(i) an administrative receiver of the company, or

(ii) an administrator of the company under paragraph 14 of Schedule B1;

[F1 (ea) a statement as to whether there is a moratorium in force for the company under Part A1 of the Act;]

[F2 (f) a statement that the company has not within the preceding 12 months been in administration;]

(g) a statement that in relation to the company there is no—

(i) petition for winding up which has been presented but not yet disposed of,

(ii) administration application which has not yet been disposed of, or

(iii) administrative receiver in office;

(h) a statement whether the company is an Article 1.2 undertaking;

(i) a statement whether the proceedings flowing from the appointment will be [F3 COMI proceedings, establishment proceedings or proceedings to which the EU Regulation as it has effect in the law of the United Kingdom does not apply] and the reasons for so stating;

(j) a statement that the notice is accompanied (as appropriate) by either—

(i) a copy of the resolution of the company to appoint an administrator, or

(ii) a record of the decision of the directors to appoint an administrator; and

(k) a statement that if a recipient of the notice who is named in paragraph (e) wishes to consent in writing to the appointment that person may do so but that after five business days have expired from delivery of the notice the appointer may make the appointment although such a recipient has not replied.

(2) The notice must be accompanied by—

(a) a copy of the resolution of the company to appoint an administrator, where the company intends to make the appointment, or

(b) a record of the decision of the directors, where the directors intend to make the appointment.

(3) The giving of notice under paragraph 26(1) of Schedule B1 must be by service of the notice.

(4) If notice of intention to appoint is given under paragraph 26(1) of Schedule B1, a copy of the notice under paragraph 26(2) M1 must be [F4 sent] at the same time to—

(a) any enforcement agent or other officer who, to the knowledge of the person giving the notice, is charged with distress or other legal process against the company;

(b) any person who, to the knowledge of the person giving the notice, has distrained against the company or its property;

(c) any supervisor of a CVA; and

(d) the company, if the company is not intending to make the appointment.

(5) The giving of notice under paragraph 26(2) of Schedule B1 must be by service of the notice.

(6) The statutory declaration accompanying the notice in accordance with paragraph 27(2) of Schedule B1 must—

(a) if it is not made by the person making the appointment, indicate the capacity in which the person making the declaration does so; and

(b) be made not more than five business days before the notice is filed with the court.

Textual Amendments

F1 Rule 3.23(1)(ea) inserted (1.10.2021) by The Insolvency (England and Wales) (No.2) (Amendment) Rules 2021 (S.I. 2021/1028), rules 1, 20(a) (with rules 4, 5)

F2 Rule 3.23(1)(f) substituted (1.10.2021) by The Insolvency (England and Wales) (No.2) (Amendment) Rules 2021 (S.I. 2021/1028), rules 1, 20(b) (with rules 4, 5)

F3 Words in rule 3.23(1)(i) substituted (31.12.2020) by The Insolvency (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/146), reg. 1(3), Sch. para. 63 (with regs. 4, 5); 2020 c. 1, Sch. 5 para. 1(1)

F4 Word in rule 3.23(4) substituted (6.4.2017) by The Insolvency (England and Wales) (Amendment) Rules 2017 (S.I. 2017/366), rules 1, 13

Marginal Citations

M1 Paragraph 26(2) is amended by paragraph 6 of Schedule 6 to the Deregulation Act 2015 (c.20).