Paragraph 2
After the entry relating to Article 13 insert—
“
Article 13B (obtaining a moratorium by filing documents at High Court)f1 paragraph (1) Omit sub-paragraph (b) and the “and” preceding it. paragraph (2) For “directors” substitute “designated members”. Article 13BA (obtaining a moratorium for company subject to winding-up petition) paragraph (2) For “directors” substitute “designated members”. Article 13BB (obtaining a moratorium for other overseas companies) Omit. Article 13BC (the relevant documents) paragraph (1) In sub-paragraph (a) for “directors wish” substitute “limited liability partnership wishes”. In sub-paragraph (d) for “directors” substitute “designated members”. Article 13BD (beginning of moratorium and appointment of monitor) paragraph (1) Omit sub-paragraph (c). Article 13BE (obligations to notify where moratorium comes into force) paragraph (1) For “directors” substitute “designated members”. paragraph (4) For “directors” substitute “designated members”, and for “director” substitute “designated member”. Article 13CA (extension by directors without creditor consent) paragraph (1) In the words before sub-paragraph (a) for “directors” substitute “designated members”. In sub-paragraph (a) for “directors wish” substitute “limited liability partnership wishes”. In sub-paragraph (b) for “directors” substitute “designated members”. In sub-paragraph (c) for “directors” substitute “designated members”. Article 13CB (extension by directors with creditor consent) paragraph (1) In the words before sub-paragraph (a) for “directors” substitute “designated members”. In sub-paragraph (a) for “directors wish” substitute “limited liability partnership wishes”. In sub-paragraph (b) for “directors” substitute “designated members”. In sub-paragraph (c) for “directors” substitute “designated members”. In sub-paragraph (e) for “directors” substitute “designated members”. Article 13CD (extension by High Court on application of directors) paragraph (1) For “directors” substitute “designated members”. paragraph (2) In sub-paragraph (a) for “directors” substitute “designated members”. In sub-paragraph (b) for “directors” substitute “designated members”. In sub-paragraph (c) for “directors” substitute “designated members”. Article 13CE (extension while proposal for CVA pending) paragraph (1) In sub-paragraph (a) for “directors make” substitute “limited liability partnership makes”. paragraph (3) In sub-paragraph (a) for “company and its creditors both” substitute “creditors of the limited liability partnership”. Omit sub-paragraph (b). Article 13CH (obligations to notify change in end of moratorium) paragraph (1) For “directors of a company” substitute “designated members of a limited liability partnership”. In the table, for the heading of the third column substitute “the designated members must”. paragraph (6) For “directors” substitute “designated members”, and for “director” substitute “designated member”. Article 13DB (restrictions on insolvency proceedings etc) paragraph (1) In sub-paragraph (a) for “directors” substitute “limited liability partnership”. Omit sub-paragraphs (b) and (c). In sub-paragraph (d) for “directors” substitute “limited liability partnership”. In sub-paragraph (e) for “directors” substitute “limited liability partnership”. In sub-paragraph (f) omit “or 23(1)”. In sub-paragraph (g) omit “or 23(1)”. Article 13DF (duty of directors to notify monitor of insolvency proceedings etc) paragraph (1) For “directors of a company must notify the monitor before taking” substitute “designated members of a limited liability partnership must notify the monitor before the limited liability partnership takes”. In sub-paragraph (c) substitute “23” for “23(2)”. paragraph (2) Omit. paragraph (3) Omit “or (2)”. paragraph (4) For paragraph (4) substitute—
“(4) If the designated members fail to comply with paragraph (1), any designated member who did not have a reasonable excuse for the failure commits an offence.”
Article 13DM (disposal of charged property free from charge) paragraph (7) For “directors” substitute “designated members”. paragraph (8) For “directors” substitute “designated members”, and for “director” substitute “designated member”. Article 13DN (disposal of hire-purchase property) paragraph (5) For “directors” substitute “designated members”. paragraph (6) For “directors” substitute “designated members”, and for “director” substitute “designated member”. Article 13EB (provision of information to monitor) paragraph (1) For “directors of the company” substitute “designated members”. paragraph (2) For “directors” substitute “designated members”. Article 13ED (termination of moratorium by monitor) paragraph (1) In sub-paragraph (c) for “directors” substitute “designated members”. Article 13EE (replacement of monitor or appointment of additional monitor) paragraph (3) For “directors” substitute “designated members”. Article 13F (challenge to monitor’s actions) paragraph (2) In sub-paragraph (a) omit “, director”. Article 13FB (challenge to directors’ actions) paragraph (1) In the text before sub-paragraph (a) omit “or member”.
In paragraph (a), omit “or members” in both places where it appears.
Article 13H (regulated companies: modifications to this Part) paragraph (4) For “directors” substitute “designated members”. paragraph (5) For “directors” substitute “designated members”, and for “director” substitute “designated member”. ”.
Annotations
Footnotes
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Part 1A was inserted by section 4 of the 2020 Act.