C1C2F1PART 1AMoratorium

Annotations:
Amendments (Textual)

CHAPTER 3Length of moratorium

Initial period

End of the moratorium13C

1

A moratorium ends at the end of the initial period unless it is extended, or comes to an end sooner, under or by virtue of a provision mentioned in paragraph (3) or (4).

2

In this Chapter “the initial period”, in relation to a moratorium, means the period of 20 business days beginning with the business day after the day on which the moratorium comes into force.

3

For provision under or by virtue of which a moratorium is or may be extended, see—

  • Article 13CA (extension by directors without creditor consent);

  • Article 13CB (extension by directors with creditor consent);

  • Article 13CD (extension by High Court on application of directors);

  • Article 13CE (extension while proposal for CVA pending);

  • Article 13CF (extension by High Court in course of other proceedings).

4

For provision under or by virtue of which the moratorium is or may be terminated, see—

  • Article 13CG (termination on entry into insolvency procedure etc);

  • Article 13ED (termination by monitor);

  • Article 13F or 13FB (termination by High Court).

5

A moratorium may not be extended under a provision mentioned in paragraph (3) once it has come to an end.

6

Where the application of two or more of the provisions mentioned in paragraphs (3) and (4) would produce a different length of moratorium, the provision that applies last is to prevail (irrespective of whether that results in a shorter or longer moratorium).