SCHEDULES
F2SCHEDULE A1MORATORIUM WHERE DIRECTORS PROPOSE VOLUNTARY ARRANGEMENTF3
mod. by SR 2004/307
PART IIOBTAINING A MORATORIUM
Nominee's statement
17
1 F1
Where the directors of a company wish to obtain a moratorium, they shall submit to the nominee—
a
a document setting out the terms of the proposed voluntary arrangement,
b
a statement of the company's affairs containing—
i
such particulars of its creditors and of its debts and other liabilities and of its assets as may be prescribed, and
ii
such other information as may be prescribed, and
c
any other information necessary to enable the nominee to comply with sub-paragraph (2) which he requests from them.
2
The nominee shall submit to the directors a statement in the prescribed form indicating whether or not, in his opinion—
a
the proposed voluntary arrangement has a reasonable prospect of being approved and implemented,
b
the company is likely to have sufficient funds available to it during the proposed moratorium to enable it to carry on its business, and
c F1
meetings of the company and its creditors should be summoned to consider the proposed voluntary arrangement.
3
In forming his opinion on the matters mentioned in sub-paragraph (2), the nominee is entitled to rely on the information submitted to him under sub-paragraph (1) unless he has reason to doubt its accuracy.
4
The reference in sub-paragraph (2)(b) to the company's business is to that business as the company proposes to carry it on during the moratorium.
2002 NI 6