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The Insolvency (Northern Ireland) Order 1989
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Changes over time for: Paragraph 50
Version Superseded: 04/01/2024
Alternative versions:
- 27/03/2006- Amendment
- 06/04/2008- Amendment
- 26/06/2020- Amendment
- 01/12/2020
Point in time - 04/01/2024- Amendment
Status:
Point in time view as at 01/12/2020. This version of this cross heading contains provisions that are prospective.
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The Insolvency (Northern Ireland) Order 1989, Paragraph 50 is up to date with all changes known to be in force on or before 11 November 2024. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations.
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Prospective
[F150.—(1) The administrator of a company shall make a statement setting out proposals for achieving the purpose of administration.N.I.
Prospective
(2) A statement under sub-paragraph (1) must, in particular—
(a)deal with such matters as may be prescribed, and
(b)where applicable, explain why the administrator thinks that the objective mentioned in paragraph 4(1)(a) or (b) cannot be achieved.
Prospective
(3) Proposals under this paragraph may include—
(a)a proposal for a voluntary arrangement under Part II of this Order (although this paragraph is without prejudice to Article 17(3));
(b)a proposal for a compromise or arrangement to be sanctioned under [F2Part 26 [F3or 26A] of the Companies Act 2006 (arrangements and reconstructions)].
(4) The administrator shall send a copy of the statement of his proposals—
(a)to the registrar,
(b)to every creditor of the company of whose claim and address he is aware, and
(c)to every member of the company of whose address he is aware.
(5) The administrator shall comply with sub-paragraph (4)—
(a)as soon as is reasonably practicable after the company enters administration, and
(b)in any event, before the end of the period of 8 weeks beginning with the day on which the company enters administration.
(6) The administrator shall be taken to comply with sub-paragraph (4)(c) if he publishes in the prescribed manner a notice undertaking to provide a copy of the statement of proposals free of charge to any member of the company who applies in writing to a specified address.
(7) An administrator commits an offence if he fails without reasonable excuse to comply with sub-paragraph (5).
(8) A period specified in this paragraph may be varied in accordance with paragraph 108.]
F1Sch. B1 inserted (27.3.2006) by Insolvency (Northern Ireland) Order 2005 (S.I. 2005/1455 (N.I. 10)), arts. 1(3), 3(2), Sch. 1 (with art. 4); S.R. 2006/21, art. 2 (with S.R. 2006/22, arts. 2-7)
F2Words in Sch. B1 para. 50(3)(b) substituted (6.4.2008) by Companies Act 2006 (Consequential Amendments etc) Order 2008 (S.I. 2008/948), arts. 2(2), 3(1)(b), Sch. 1 para. 166(a) (with arts. 6, 11, 12)
F3Words in Sch. B1 para. 50(3)(b) inserted (26.6.2020) by Corporate Insolvency and Governance Act 2020 (c. 12), s. 49(1), Sch. 9 para. 10(2) (with ss. 2(2), 5(2))
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