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Rule 1.39 Documents submitted to the court to obtain moratoriumF1

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

  • rule 1.39(1) word substituted by Insolvency 2010 Sch. 1 para. 25(2)
  • rule 4.54(5-CVL) substituted for rule 4.54(5) by Insolvency 2010 Sch. 1 para. 179(5)
(1)

[FORM 2.1] Where pursuant to paragraph 7 of Schedule A1 to the Act the directors file the document and statements referred to in that paragraph in court, those documents shall be delivered together with 4 copies of a schedule listing them within 3 working days of the date of the submission to them of the nominee’s statement under paragraph 6(2) of Schedule A1 to the Act.

(2)

When the directors file the document and statements referred to in paragraph (1), they shall also file—

(a)

a copy of any statement of reasons made by the nominee pursuant to Rule 1.37(3); and

(b)

a copy of the nominee’s comments on the proposal submitted to them pursuant to Rule 1.38(2).

(3)

The copies of the schedule shall be endorsed by the court with the date on which the documents were filed in court and 3 copies of the schedule sealed by the court shall be returned by the court to the person who filed the documents in court.

(4)

[FORM 2.2] The statement of affairs required to be filed under paragraph 7(1)(b) of Schedule A1 to the Act shall comprise the same particulars as required by Rule 1.5(2).

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))