SCHEDULES
C1C2F1SCHEDULE ZA1MORATORIUM: ELIGIBLE COMPANIES
Sch. ZA1 modified (temp.) (26.6.2020) by Corporate Insolvency and Governance Act 2020 (c. 12), s. 49(1), Sch. 8 para. 6(1)(c) (with ss. 2(2), 5(2), Sch. 8 para. 1)
Sch. ZA1 modified (temp.) (26.6.2020) by Corporate Insolvency and Governance Act 2020 (c. 12), s. 49(1), Sch. 8 para. 7(b) (with ss. 2(2), 5(2), Sch. 8 para. 1)
Companies subject to, or recently subject to, moratorium or an insolvency procedure
2
1
A company is excluded from being eligible if—
a
on the filing date, a moratorium for the company is in force, or
b
at any time during the period of 12 months ending with the filing date, a moratorium for the company was in force (but see Article 13F(6) for power of the High Court to modify the effect of this paragraph).
2
A company is excluded from being eligible if—
a
on the filing date, the company is subject to an insolvency procedure, or
b
at any time during the period of 12 months ending with the filing date, the company was subject to an insolvency procedure within sub-paragraph (3)(a) or (b).
3
For the purposes of sub-paragraph (2), a company is subject to an insolvency procedure at any time if at that time—
a
a voluntary arrangement has effect in relation to the company,
b
the company is in administration,
c
paragraph 45 of Schedule B1 applies in relation to the company (administration: interim moratorium),
d
there is an administrative receiver of the company,
e
there is a provisional liquidator of the company,
f
the company is being wound up, or
g
a relevant petition for the winding up of the company has been presented and has not been withdrawn or determined.
4
In sub-paragraph (3)(g) “relevant petition” means a petition under—
a
Article 104A (winding up on grounds of public interest),
b
Article 104B (winding up of SE), or
c
Article 104C (winding up of SCE).
Sch. ZA1 inserted (26.6.2020) by Corporate Insolvency and Governance Act 2020 (c. 12), s. 49(1), Sch. 5 (with ss. 2(2), 5(2), 13)