{
  "url": "https://openlegislation.uk/insolvency-rules-1986/rule-1.40",
  "json_url": "https://openlegislation.uk/insolvency-rules-1986/rule-1.40.json",
  "legislation": "uksi/1986/1925",
  "legislation_title": "The Insolvency Rules 1986",
  "legislation_url": "https://openlegislation.uk/insolvency-rules-1986",
  "path": "rule/1.40",
  "kind": "rule",
  "number": "1.40",
  "heading": "Notice and advertisement of beginning of a moratorium",
  "text": "(1) After receiving the copies of the schedule endorsed by the court under Rule 1.39(3), the directors shall forthwith serve 2 of them on the nominee and one on the company.\n(2) [FORM 2.3] Forthwith after receiving the copies of the schedule pursuant to paragraph (1) the nominee shall advertise the coming into force of the moratorium once in the Gazette, and once in such newspaper as he thinks most appropriate for ensuring that its coming into force comes to the notice of the company’s creditors.\n(3) [FORM 2.4] The nominee shall forthwith notify the registrar of companies, the company and any petitioning creditor of the company of whose claim he is aware of the coming into force of the moratorium and such notification shall specify the date on which the moratorium came into force.\n(4) The nominee shall give notice of the coming into force of the moratorium specifying the date on which it came into force to—\n(a) any enforcement officer or other officer who, to his knowledge, is charged with an execution or other legal process against the company or its property; and\n(b) any person who, to his knowledge, has distrained against the company or its property.",
  "extent": null,
  "status": null,
  "version": "current",
  "annotations": [
    {
      "type": "F",
      "label": "F1",
      "text": "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))"
    },
    {
      "type": "F",
      "label": "F2",
      "text": "Words in rule 1.40(4)(a) substituted (1.4.2005) by The Insolvency (Amendment) Rules 2005 (S.I. 2005/527), rules 1(2), 4"
    }
  ],
  "outstanding_effects": [
    {
      "type": "inserted",
      "affecting": "uksi/2010/686",
      "affecting_title": "The Insolvency (Amendment) Rules 2010"
    },
    {
      "type": "words substituted",
      "affecting": "uksi/2010/686",
      "affecting_title": "The Insolvency (Amendment) Rules 2010"
    },
    {
      "type": "words added",
      "affecting": "uksi/2010/686",
      "affecting_title": "The Insolvency (Amendment) Rules 2010"
    },
    {
      "type": "substituted for rule 4.54(5)",
      "affecting": "uksi/2010/686",
      "affecting_title": "The Insolvency (Amendment) Rules 2010"
    },
    {
      "type": "substituted",
      "affecting": "uksi/2009/642",
      "affecting_title": "The Insolvency (Amendment) Rules 2009"
    }
  ],
  "provenance": {
    "source": "legislation.gov.uk",
    "source_url": "https://www.legislation.gov.uk/uksi/1986/1925/rule/1.40",
    "retrieved_at": "2026-10-29T16:38:55.219722+00:00"
  },
  "licence": "Open Government Licence v3.0",
  "licence_url": "https://www.nationalarchives.gov.uk/doc/open-government-licence/version/3/",
  "attribution": "Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives."
}