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There are currently no known outstanding effects for the The Insolvency (Scotland) (Company Voluntary Arrangements and Administration) Rules 2018, Cross Heading: CHAPTER 7.
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Textual Amendments
[Note: a document required by the Act or these Rules must also contain the standard contents set out in Part 1.]
1A.17.—(1) A notice under section A17(1) must be delivered to the monitor in accordance with paragraph (2).
(2) The notice must—
(a)be delivered within the period of 3 business days beginning with the day on which the duty to give the notice arises; and
(b)contain the following—
(i)the identification details for the company to which it relates;
(ii)the provision in Part A1 of the Act by virtue of which the moratorium was extended or, as the case may be, came to an end ; 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 referred to in 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; and
(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.
1A.18.—(1) Notification under section A17(2) or (3) must—
(a)be delivered—
(i)to each of the relevant persons specified in section A17(8)(a) to (d) (as applicable);
(ii)in accordance with paragraph (2); and
(iii)where paragraphs (3) and (4) apply in accordance with those paragraphs; 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 5 business days beginning with the date in 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.
(4) Where this paragraph applies the monitor must deliver a copy of the document to the registrar of companies to—
(a)the persons referred to in section A17(8)(b) to (d), for the purpose of giving the notification required by that section; and
(b)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 the monitor).]]
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