OpenLegislation

Rule 1.6 Additional disclosure for assistance of nomineeI1

England and Wales

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)

If it appears to the nominee that he cannot properly prepare his report on the basis of information in the directors' proposal and statement of affairs, he may call on the directors to provide him with—

(a)

further and better particulars as to the circumstances in which, and the reasons why, the company is insolvent or (as the case may be) threatened with insolvency;

(b)

particulars of any previous proposals which have been made in respect of the company under Part I of the Act;

(c)

any further information with respect to the company's affairs which the nominee thinks necessary for the purposes of his report.

(2)

The nominee may call on the directors to inform him, with respect to any person who is, or at any time in the 2 years preceding the notice under Rule 1.4 has been, a director or officer of the company, whether and in what circumstances (in those 2 years or previously) that person—

(a)

has been concerned in the affairs of any other company (whether or not incorporated in England and Wales) which has become insolvent, or

(b)

has himself been adjudged bankrupt or entered into an arrangement with his creditors.

(3)

For the purpose of enabling the nominee to consider their proposal and prepare his report on it, the directors must give him access to the company's accounts and records.

Annotations

Commencement

I1

Rule 1.6 in force at 29.12.1986, see rule 0.1