The Insolvency (England and Wales) Rules 2016 No. 1024

[F1 PART 1A E+W MORATORIUMS

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)

CHAPTER 2 E+W Obtaining moratorium by filing notice at court

[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.2.   This Chapter applies for the purposes of obtaining a moratorium under section A3.

Obtaining a moratorium by filing documents at court (section A3): notice of filing E+W

1A.3.— (1) The directors must (in addition to the relevant documents referred to in section A6) file a notice with the court (referred to as a “notice of filing”).

(2) The notice of filing must—

(a) be accompanied by the relevant documents,

(b) be headed “Moratorium under section A3 of the Insolvency Act 1986: notice of filing”,

(c) state—

(i) that the directors wish to obtain a moratorium under section A3 of the Act,

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

(iii) the identification details for the company,

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

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

(vi) 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 filing must be endorsed by the court with the date and time of filing.

The relevant documents: contents and requirements (section A6) E+W

1A.4.— (1) Each relevant document must—

(a) state the nature of the document,

(b) identify the proceedings,

(c) contain the identification details for the company, and

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

(2) The statements under section A6(1)(b) to (e) must—

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

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

The relevant documents: further requirements relating to the proposed monitor’s statement and consent to act (section A6(1)(b)) E+W

1A.5.   A statement under section A6(1)(b) must—

(a) be headed “Proposed monitor’s statement and consent to act”, and

(b) contain—

(i) a certificate that the proposed monitor is qualified to act as an insolvency practitioner in relation to the company,

(ii) the name of the relevant recognised professional body which is the source of the proposed monitor’s authorisation,

(iii) the proposed monitor’s IP number, and

(iv) a statement that the proposed monitor consents to act as monitor in relation to the company.

Directions E+W

1A.6.   The court may at any time give such directions as it thinks just as to service of the notice of filing on any person.]