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Rule 1.38 The nominee’s statementF1

Changes not yet applied. Later legislation changes this provision in ways not yet written into the text below:

  • rule 4.54(5-CVL) substituted for rule 4.54(5) by Insolvency 2010 Sch. 1 para. 179(5)
(1)

[FORM 1.3] The nominee shall submit to the directors the statement required by paragraph 6(2) of Schedule A1 to the Act within 28 days of the submission to him of the document setting out the terms of the proposed voluntary arrangement.

(2)

[FORM 1.4] The statement shall have annexed to it—

(a)

the nominee’s comments on the proposal, unless the statement contains an opinion in the negative on any of the matters referred to in paragraph 6(2)(a) and (b) of Schedule A1 to the Act, in which case he shall instead give his reasons for that opinion, and

(b)

where he is willing to act in relation to the proposed arrangement, a statement of his consent to act.

Annotations

Textual amendments

F1

Pt. 1 Ch. 9 inserted (1.1.2003) by The Insolvency (Amendment) (No. 2) Rules 2002 (S.I. 2002/2712), rule 1(1), Sch. 1 para. 21 (with rule 3(2))