The Insolvency (England and Wales) Rules 2016

Proposal for a CVA: general principles and amendmentE+W

This section has no associated Explanatory Memorandum

2.2.—(1) A proposal must—

(a)contain identification details for the company;

(b)explain why the proposer thinks a CVA is desirable;

(c)explain why the creditors are expected to agree to a CVA; and

(d)be authenticated and dated by the proposer.

(2) The proposal may be amended with the nominee's agreement in writing in the following cases.

(3) The first case is where—

(a)no steps have been taken to obtain a moratorium;

(b)the nominee is not the liquidator or administrator of the company; and

(c)the nominee's report has not been filed with the court under section 2(2).

(4) The second case is where—

(a)the proposal is made with a view to obtaining a moratorium; and

(b)the nominee's statement under paragraph 6(2) of Schedule A1 (nominee's opinion on prospects of CVA being approved etc.) has not yet been submitted to the directors.