F1Pt. 1A inserted (26.6.2020) by Corporate Insolvency and Governance Act 2020 (c. 12), ss. 4(1), 49(1) (with ss. 2(2), 5(2))
Modifications etc. (not altering text)
C1Pts. 1-5 modified by S.R. 2004/307 (as amended (1.10.2006) by Limited Liability Partnerships (Amendment) Regulations (Northern Ireland) 2006 (S.R. 2006/377), reg. 3, Sch. 2; (temp.) (27.4.2020 retrospective) by virtue of Corporate Insolvency and Governance Act 2020 (c. 12), Sch. 11 para. 8(1)(2), 14 (with ss. 2(2), 5(2)); (26.6.2020) by The Limited Liability Partnerships (Amendment etc.) Regulations 2020 (S.I. 2020/643), reg. 1(1), Sch. 2 (with reg. 3))
13CC.—(1) References in Article 13CB to creditor consent are to the consent of pre-moratorium creditors to a revised end date for the moratorium.
(2) The decision as to consent is to be made at a meeting of pre-moratorium creditors.
(3) A meeting under paragraph (2)—
(a)is to be held at such time, date and place as the directors think fit, and
(b)is to be conducted in accordance with the rules.
(4) The revised end date must be a date before the end of the period of one year beginning with the first day of the initial period.
(5) In this Article “pre-moratorium creditor” means a creditor in respect of a pre-moratorium debt—
(a)for which the company has a payment holiday during the moratorium (see Article 13D), and
(b)which has not been paid or otherwise discharged.
(6) In determining for the purposes of paragraph (5) what counts as a pre-moratorium debt for which the company has a payment holiday during the moratorium, Articles 13D(3) and 13HD(1)(b) apply as if the references to the moratorium were to the moratorium as proposed to be extended.
(7) Regulations may amend this Article for the purposes of changing the definition of “pre-moratorium creditor”.
(8) Regulations may not be made under paragraph (7) unless a draft of the regulations has been laid before, and approved by a resolution of, the Assembly.]