Textual Amendments
F1Pt. A1 inserted (26.6.2020) by Corporate Insolvency and Governance Act 2020 (c. 12), ss. 1(1), 49(1) (with ss. 2(2), 5(2))
Modifications etc. (not altering text)
C1Pt. A1 excluded by S.I. 2012/3013, Sch. 1 para. 1(2A) (as inserted (26.6.2020) by Corporate Insolvency and Governance Act 2020 (c. 12), s. 49(1), Sch. 3 para. 49(4) (with ss. 2(2), 5(2)))
C2Pt. A1 power to apply (with modifications) conferred by 2011 c. 25, s. 247A (as inserted (26.6.2020) by Corporate Insolvency and Governance Act 2020 (c. 12), s. 49(1), Sch. 3 para. 45 (with ss. 2(2), 5(2)))
C3Pt. A1 applied (with modifications) by S.I. 2014/229, art. 2(A1), Sch. 1 para. 1(2), Pt. 1A (as inserted (18.7.2020) by The Co-operative and Community Benefit Societies and Credit Unions (Arrangements, Reconstructions and Administration) (Amendment) and Consequential Amendments Order 2020 (S.I. 2020/744), arts. 1, 7(b), 11(b)(c))
C4Pt. A1 applied (with modifications) (E.W.S.) (3.9.2020) by The Insolvency (Moratorium) (Special Administration for Energy Licensees) Regulations 2020 (S.I. 2020/943), regs. 1(2), 2-10
(1)The table imposes obligations on the directors of a company to notify the monitor where a moratorium for the company is extended or comes to an end.
| Where a moratorium is extended or comes to an end under or by virtue of the following provision | the directors must | |
|---|---|---|
| 1 | Section A10 | Notify the monitor of the extension. |
| 2 | Section A11 | Notify the monitor of the extension and of the revised end date. |
| 3 | Section A13(4) | Notify the monitor of the extension and provide the monitor with the court order under section A13(4). |
| 4 | Section A13(7)(a) | Notify the monitor of the extension. |
| 5 | Section A13(7)(b)(ii) | Notify the monitor that the moratorium has come to an end and of the date that it ended. |
| 6 | Section A14(2)(a) | Notify the monitor of the extension. |
| 7 | Section A14(2)(b) | Notify the monitor that the moratorium has come to an end and of the date that it ended. |
| 8 | Section A15 | Notify the monitor of the extension and provide the monitor with any court order under section A15. |
| 9 | Section A16 | Notify the monitor that the moratorium has come to an end. |
| 10 | Section A42 | Notify the monitor that the moratorium has come to an end and provide the monitor with the court order under section A42. |
| 11 | Section A44 | Notify the monitor that the moratorium has come to an end and provide the monitor with the court order under section A44. |
(2)After receiving a notice under subsection (1), other than a notice under entry 4 or 6 of the table, the monitor must notify the relevant persons of when the moratorium ended or, subject to any alteration under or by virtue of any of the provisions mentioned in section A9(3) or (4), the moratorium will come to an end.
(3)After receiving a notice under entry 4 or 6 of the table, the monitor must notify the relevant persons.
(4)If a moratorium comes to an end under section A38 (termination by monitor), the monitor must notify the company and the relevant persons of when the moratorium ended.
(5)The rules may—
(a)make further provision about the timing of a notice required to be given under this section;
(b)require a notice to be accompanied by other documents.
(6)If the directors fail to comply with subsection (1), any director who did not have a reasonable excuse for the failure commits an offence.
(7)If the monitor without reasonable excuse fails to comply with any of subsections (2) to (4), the monitor commits an offence.
(8)In this section “the relevant persons” means—
(a)the registrar of companies,
(b)every creditor of the company of whose claim the monitor is aware,
(c)in a case where the company is or has been an employer in respect of an occupational pension scheme that is not a money purchase scheme, the Pensions Regulator, and
(d)in a case where the company is an employer in respect of such a pension scheme that is an eligible scheme within the meaning given by section 126 of the Pensions Act 2004, the Board of the Pension Protection Fund.]