The Insolvency (England and Wales) (No.2) (Amendment) Rules 2021

Amendment of Part 3 of the Insolvency Rules

24.—(1) Rule 3.35 (administrator’s proposals: additional content) is amended as follows.

(2) In paragraph (1)—

(a) after sub-paragraph (d) insert—

“(da) a statement as to whether a moratorium under Part A1 of the Act has been in force for the company at any time within the period of 2 years ending with the day on which it entered administration and, if so—

(i) the date on which it came into force,

(ii) the date on which it ended, and

(iii) particulars of the purposes for which it was entered into and whether, and to what extent, those purposes were achieved;” and

(b) in sub-paragraph (h)(i) after “financial position of the company” insert “(as to which see paragraph (1A))”.

(3) After paragraph (1) insert—

“(1A) For the purposes of paragraph (1)(h)(i) if a moratorium has been in force at any time within the period of 12 weeks ending with the day on which the company entered administration then the details of the financial position of the company must identify which of the debts owed by the company are—

(a) moratorium debts, and

(b) priority pre-moratorium debts,

within the meaning given by section 174A.”.