[F1CHAPTER 10E+WReplacement of monitor or appointment of additional monitor
Textual Amendments
[Note: a document required by the Act or these Rules must also contain the standard contents set out in Part 1.]
Replacement of monitor or appointment of additional monitor, monitor’s statement and consent to act: contents and requirements (section A39(4))E+W
1A.25.—(1) A statement by a proposed replacement or additional monitor under section A39(4) must be filed with the court.
(2) The statement must—
(a)be headed “Proposed monitor’s statement and consent to act for the purposes of a moratorium under Part A1 of the Insolvency Act 1986”,
(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 a replacement monitor or an additional monitor (as the case may be) in relation to the company,
(c)specify the date on which the statement was made,
(d)be authenticated by the proposed replacement monitor or the proposed additional monitor, and
(e)be made within the period of five business days ending with the day on which the statement is filed with the court.
Notice to be given by monitor of replacement of monitor or appointment of additional monitor (section A39(8))E+W
1A.26.—(1) Notification of the appointment of a replacement monitor or the appointment of an additional monitor by virtue of an order under section A39(1) must be delivered—
(a)to the persons specified in section A39(8), and
(b)where paragraph (2) applies, in accordance with that paragraph.
(2) Paragraph (3) applies where—
(a)notification is required to be given to any of the persons referred to in section A39(8)(b) to (d), or
(b)the moratorium is for a company which is a regulated company within the meaning given by section A49(13).
(3) Where this paragraph applies—
(a)rule 1.19(3) (copy of document delivered to registrar of companies may be used to satisfy requirements for delivery to other persons) does not apply, and
(b)the monitor must deliver a copy of the document delivered to the registrar of companies to—
(i)for the purpose of giving the notification required by section A39(8)(b) to (d), each of the persons referred to in those paragraphs (as applicable), and
(ii)for the purpose of giving the notification required by section A49(3), the appropriate regulator.]