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Rule 3.37 Advertising administrator's proposals and notices of extension of time for delivery of proposals (paragraph 49 of Schedule B1)C1C2

(1)

A notice published by the administrator under paragraph 49(6) of Schedule B1 must—

(a)

identify the proceedings and contain the registered office of the company;

(b)

be advertised in such manner as the administrator thinks fit; and

(c)

be published as soon as reasonably practicable after the administrator has delivered the statement of proposals to the company's creditors but no later than eight weeks (or such other period as may be agreed by the creditors or as the court may order) from the date on which the company entered administration.

(2)

Where the court orders, on an application by the administrator under paragraph 107 of Schedule B1, an extension of the period in paragraph 49(5) of Schedule B1 for delivering copies of the statement of proposals, the administrator must as soon as reasonably practicable after the making of the order deliver a notice of the extension to—

(a)

the creditors of the company;

(b)

the members of the company of whose address the administrator is aware; and

(c)

the registrar of companies.

(3)

The notice must—

(a)

identify the proceedings;

(b)

state the date to which the court has ordered an extension; and

(c)

contain the registered office of the company.

(4)

The administrator is taken to comply with paragraph F1(2)(b) if the administrator publishes a notice complying with paragraph (5).

(5)

The notice must—

(a)

contain the information required by paragraph (3);

(b)

be advertised in such manner as the administrator thinks fit;

(c)

state that members may request in writing a copy of the notice of the extension, and state the address to which to write; and

(d)

be published as soon as reasonably practicable after the administrator has delivered the notice of the extension to the company's creditors.

Annotations

Textual amendments

F1

Word in rule 3.37(4) substituted (8.12.2017) by The Insolvency (England and Wales) and Insolvency (Scotland) (Miscellaneous and Consequential Amendments) Rules 2017 (S.I. 2017/1115), rules 1(1), 4

Modifications

C1

Pt. 3 Ch. 7 applied (with modifications) (19.3.2024) by The Water Industry (Special Administration) (England and Wales) Rules 2024 (S.I. 2024/229), rules 1, 5(1)(b), 47 (with rule 2(2))

C2

Rules 3.28-3.37 applied (with modifications) (19.3.2024) by The Water Industry (Special Administration) (England and Wales) Rules 2024 (S.I. 2024/229), rules 1, 5, 42-45, Sch. (with rule 2(2))