The Insolvency (England and Wales) Rules 2016

[F1 CHAPTER 5 E+W Extending moratorium by filing notice with the court

Textual Amendments

F1 Pt. 1A inserted (1.10.2021) by The Insolvency (England and Wales) (No.2) (Amendment) Rules 2021 (S.I. 2021/1028), rules 1, 6 (with rules 4, 5)

[Note: a document required by the Act or these Rules must also contain the standard contents set out in Part 1.]

Application of Chapter E+W

1A.13.   This Chapter applies for the purposes of extending a moratorium under sections A10 and A11.

Extending a moratorium by filing notice with the court (sections A10 and A11): notice of extension E+W

1A.14.— (1) The directors must file a notice with the court (referred to as a “notice of extension”).

(2) The notice of extension must—

(a) be accompanied by the documents referred to in section A10(1) or A11(1) (as the case may be),

(b) be headed “Notice of extension of a moratorium under section A10/A11 of the Insolvency Act 1986”,

(c) state—

(i) that the notice is filed for the purpose of extending a moratorium,

(ii) whether the extension is under section A10 or section A11 of the Insolvency Act 1986,

(iii) the names of the persons filing the notice,

(iv) the identification details of the company,

(v) the court (and where applicable the division or district registry of that court) or hearing centre in which the notice is filed,

(vi) where the court has previously allocated a number to the insolvency proceedings in which the notice is filed, that number, and

(viii) the date on which the notice is filed, and

(d) be authenticated by, or on behalf of, the person filing the notice.

(3) The notice of extension must be endorsed by the court with the date and time of filing.

Documents filed with the court under sections A10(1) or A11(1) of the Act: contents and requirements E+W

1A.15.— (1) Each document filed with the court under section A10(1) or A11(1) must—

(a) state the nature of the document,

(b) identify the proceedings,

(c) contain the identification details for the company,

(d) be authenticated by, or on behalf of, the person giving the notice or making the statement (as the case may be).

(2) The statement under section A11(1)(e) must also state—

(a) a description of the procedure used,

(b) the venue,

(c) whether, in the case of a meeting, the required quorum was in place, and

(d) the outcome.

(3) The statements under section A10(1)(b) to (d) or A11(1)(b) to (e) (as the case may be) must—

(a) be made within the period of three business days ending with the day on which the notice of extension is filed with the court, and

(b) specify the date on which the statement is made.

Directions E+W

1A.16.   The court may at any time give such directions as it thinks just as to service of the notice of extension on or to any person.]