Article 13CB Extension by directors with creditor consentF1
At any time after the first 15 business days of the initial period the directors may, if they have obtained creditor consent, extend the moratorium by filing with the High Court—
a notice that the directors wish to extend the moratorium,
a statement from the directors that all of the following that have fallen due have been paid or otherwise discharged—
moratorium debts, and
pre-moratorium debts for which the company does not have a payment holiday during the moratorium (see Article 13D),
a statement from the directors that, in their view, the company is, or is likely to become, unable to pay its pre-moratorium debts,
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, and
a statement from the directors that creditor consent has been obtained, and of the revised end date for which that consent was obtained.
The rules may make provision about the date on which a statement mentioned in paragraph (1) must be made.
On the filing with the Court of the documents mentioned in paragraph (1), the moratorium is extended so that it ends with the revised end date mentioned in the statement under paragraph (1)(e).
A moratorium may be extended under this Article more than once.
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. 13CB(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)