The Insolvency (Amendment) Rules 2003

Amendment to Rule 4.90

19.  In Rule 4.90 for paragraph (3) there is substituted—

“(3) Sums due from the company to another party shall not be taken into account under paragraph (2) if—

(a) that other party had notice at the time they became due that a meeting of creditors had been summoned under section 98 or (as the case may be) a petition for the winding up of the company was pending;

(b) the liquidation was immediately preceded by an administration and the sums became due during the administration; or

(c) the liquidation was immediately preceded by an administration and the other party had notice at the time that the sums became due that—

(i) an application for an administration order was pending; or

(ii) any person had given notice of intention to appoint an administrator.”.