The Insolvency (Northern Ireland) Order 1989

Those who may propose an arrangement N.I.

14.—(1 )F1  The directors of a company[F2 (other than one which is in administration or being wound up)] may make a proposal under this Part to the company and to its creditors for a composition in satisfaction of its debts or a scheme of arrangement of its affairs (referred to, in either case, as a“voluntary arrangement”).

(2) A proposal under this Part is one which provides for some person (“the nominee”) to act in relation to the voluntary arrangement either as trustee or otherwise for the purpose of supervising its implementation; and the nominee must be a person who is qualified to act as an insolvency practitioner F3 [F4 ... in relation to the voluntary arrangement].

(3 )F1  Such a proposal may also be made—

[F5 (a) where the company is in administration, by the administrator,]

(b) where the company is being wound up, by the liquidator.

[F6 (4) In this Part “company” means—

[F7 (a) a company registered under the Companies Act 2006 in Northern Ireland;]

(b) a company incorporated in an EEA State F8 ...; or

(c) a company not incorporated in an EEA State but having its centre of main interests [F9 either] in a member State other than Denmark [F10 or in the United Kingdom].

(5) In paragraph (4) in relation to a company, “centre of main interests” has the [F11 same meaning as in Article 3 of the EU Regulation.]

(6) If a company incorporated outside Northern Ireland has a principal place of business in England and Wales or Scotland (or both in England and Wales and in Scotland), no proposal under this Part shall be made in relation to it unless it also has a principal place of business in Northern Ireland.]

F1 mod. by SR 2004/307

F2 Words in art. 14(1) substituted (27.3.2006) by Insolvency (Northern Ireland) Order 2005 (S.I. 2005/1455 (N.I. 10)), arts. 1(3), 3(3), Sch. 2 para. 21(a) (with art. 4); S.R. 2006/21, art. 2 (with S.R. 2006/22, arts. 2-7)

F3 Words in art. 14(2) repealed (1.4.2016) by Insolvency (Amendment) Act (Northern Ireland) 2016 (c. 2), s. 28(2), Sch. 3 para. 4, Sch. 4; S.R. 2016/203, art. 2

F4 2002 NI 6

F5 Art. 14(3)(a) substituted (27.3.2006) by Insolvency (Northern Ireland) Order 2005 (S.I. 2005/1455 (N.I. 10)), arts. 1(3), 3(3), Sch. 2 para. 21(b) (with art. 4); S.R. 2006/21, art. 2 (with S.R. 2006/22, arts. 2-7)

F6 Art. 14(4)-(6) substituted (18.10.2006) for art. 14(4) by Insolvency (Northern Ireland) Order 1989 (Amendment) Regulations (Northern Ireland) 2006 (S.R. 2006/370), reg. 3(3) (with reg. 4)

F7 Art. 14(4)(a) substituted (1.10.2009) by Companies Act 2006 (Consequential Amendments, Transitional Provisions and Savings) Order 2009 (S.I. 2009/1941), arts. 2(1), 8, Sch. 1 para. 107(2) (with art. 10)

F8 Words in art. 14(4)(b) omitted (31.12.2020) by virtue of The Insolvency (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/146), reg. 1(3), Sch. para. 167(a) (with regs. 4, 5); 2020 c. 1, Sch. 5 para. 1(1)

F9 Word in art. 14(4)(c) inserted (31.12.2020) by The Insolvency (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/146), reg. 1(3), Sch. para. 167(b) (with regs. 4, 5); 2020 c. 1, Sch. 5 para. 1(1)

F10 Words in art. 14(4)(c) inserted (31.12.2020) by The Insolvency (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/146), reg. 1(3), Sch. para. 167(b) (with regs. 4, 5); 2020 c. 1, Sch. 5 para. 1(1)

F11 Words in art. 14(5) substituted (26.6.2017) by The Insolvency Amendment (EU 2015/848) Regulations 2017 (S.I. 2017/702), reg. 1, Sch. para. 99 (with reg. 3)