SCHEDULES
C2C1C3C4F1SCHEDULE A1 Moratorium where directors propose voluntary arrangement
Sch. A1 applied (with modifications) (E.W.) (1.1.2003) by The Insolvent Partnerships Order 1994 (S.I. 1994/2421), art. 4(1), Sch. 1 (as amended (1.1.2003) by S.I. 2002/2708, arts. 4-6 (with transitional provisions in art. 11); (1.7.2005) by S.I. 2005/1516, art. 6); (6.4.2017) by S.I. 2017/540, reg. 1, Sch. 2 para. 5 (with reg. 4))
Sch. A1 extended (24.6.2003) by The Uncertificated Securities (Amendment) (Eligible Debt Securities) Regulations 2003 (S.I. 2003/1633), regs. 1, 15, Sch. 2 para. 7
Sch. A1 applied (with modifications) by The Limited Liability Partnerships Regulations 2001 (S.I. 2001/1090), Sch. 3 (as amended 1/10.2005) by The Limited Liability Partnerships (Amendment) Regulations 2005 (S.I. 2005/1989), reg. 1, Sch. 2, para. 14; and (8.12.2017) by The Insolvency (Miscellaneous Amendments) Regulations 2017 (S.I. 2017/1119), Sch. 1 paras. 37-53)
Sch. A1 applied (with modifications) by 2009 c. 1, s. 154(3A) (as inserted (13.3.2018) by The Small Business, Enterprise and Employment Act 2015 (Consequential Amendments, Savings and Transitional Provisions) Regulations 2018 (S.I. 2018/208), regs. 1(3), 5(6)(c))
Part II Obtaining a moratorium
Nominee’s statement
6
1
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
F2c
the proposed voluntary arrangement should be considered by a meeting of the company and by the company's creditors.
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.
Sch. A1 inserted (11.5.2001 so far as is necessary to give effect to Sch. A1 paras. 5, 45(1)-(3)(5) and 1.1.2003 in so far as not already in force) by 2000 c. 39, s. 1, Sch. 1 para. 4; S.I. 2001/1751, art. 2; S.I. 2002/2711, art. 2 (subject to transitional provisions in arts. 3-5)