C2C1C3C4F1Part A1Moratorium

Annotations:
Amendments (Textual)
Modifications etc. (not altering text)
C2

Pt. 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)))

C1

Pt. 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)))

Chapter 3Length of moratorium

Initial period

A9End of the moratorium

1

A moratorium ends at the end of the initial period unless it is extended, or comes to an end sooner, under or by virtue of a provision mentioned in subsection (3) or (4).

2

In this Chapter “the initial period”, in relation to a moratorium, means the period of 20 business days beginning with the business day after the day on which the moratorium comes into force.

3

For provision under or by virtue of which a moratorium is or may be extended, see—

  • section A10 (extension by directors without creditor consent);

  • section A11 (extension by directors with creditor consent);

  • section A13 (extension by court on application of directors);

  • section A14 (extension while proposal for CVA pending);

  • section A15 (extension by court in course of other proceedings).

4

For provision under or by virtue of which the moratorium is or may be terminated, see—

  • section A16 (termination on entry into insolvency procedure etc);

  • section A38 (termination by monitor);

  • section A42 or A44 (termination by court).

5

A moratorium may not be extended under a provision mentioned in subsection (3) once it has come to an end.

6

Where the application of two or more of the provisions mentioned in subsections (3) and (4) would produce a different length of moratorium, the provision that applies last is to prevail (irrespective of whether that results in a shorter or longer moratorium).