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Article 13CA Extension by directors without creditor consentF1

(1)

During the initial period, but after the first 15 business days of that period, the directors may extend the moratorium by filing with the High Court—

(a)

a notice that the directors wish to extend the moratorium,

(b)

a statement from the directors that all of the following that have fallen due have been paid or otherwise discharged—

(i)

moratorium debts, and

(ii)

pre-moratorium debts for which the company does not have a payment holiday during the moratorium (see Article 13D),

(c)

a statement from the directors that, in their view, the company is, or is likely to become, unable to pay its pre-moratorium debts, and

C1(d)

a statement from the monitor that, in the monitor’s view, it is likely that the moratorium will result in the rescue of the company as a going concern.

(2)

The rules may make provision about the date on which a statement mentioned in paragraph (1) must be made.

(3)

On the filing with the Court of the documents mentioned in paragraph (1), the moratorium is extended so that it ends at the end of the period—

(a)

beginning immediately after the initial period ends, and

(b)

ending with the 20th business day after the initial period ends.

Annotations

Textual amendments

F1

Pt. 1A inserted (26.6.2020) by Corporate Insolvency and Governance Act 2020 (c. 12), ss. 4(1), 49(1) (with ss. 2(2), 5(2))

Modifications

C1

Art. 13CA(1)(d) modified (temp.) (26.6.2020) by Corporate Insolvency and Governance Act 2020 (c. 12), s. 49(1), Sch. 8 para. 8(2) (with ss. 2(2), 5(2), Sch. 8 para. 1)

Notes on Part 1A

Modifications

C1

Pts. 1-5 modified by S.R. 2004/307 (as amended (1.10.2006) by Limited Liability Partnerships (Amendment) Regulations (Northern Ireland) 2006 (S.R. 2006/377), reg. 3, Sch. 2; (temp.) (27.4.2020 retrospective) by virtue of Corporate Insolvency and Governance Act 2020 (c. 12), Sch. 11 para. 8(1)(2), 14 (with ss. 2(2), 5(2)); (26.6.2020) by The Limited Liability Partnerships (Amendment etc.) Regulations 2020 (S.I. 2020/643), reg. 1(1), Sch. 2 (with reg. 3); (16.2.2021) by The Limited Liability Partnerships (Amendment etc.) Regulations 2021 (S.I. 2021/60), reg. 1(1), Sch. 2 (with reg. 4(2)))

C2

Pts. 1-5 applied (with modifications) (4.1.2024) by S.I. 2021/716, Sch. 1A para. 3 (as inserted by The Payment and Electronic Money Institution Insolvency (Amendment) Regulations 2023 (S.I. 2023/1399), reg. 1(2), Sch. 1)