C1C2F1PART 1AMoratorium
Pts. 1-5 modified by S.R. 2004/307 (as amended (1.10.2006) by Limited Liability Partnerships (Amendment) Regulations (Northern Ireland) 2006 (S.R. 2006/377), reg. 3, Sch. 2; (temp.) (27.4.2020 retrospective) by virtue of Corporate Insolvency and Governance Act 2020 (c. 12), Sch. 11 para. 8(1)(2), 14 (with ss. 2(2), 5(2)); (26.6.2020) by The Limited Liability Partnerships (Amendment etc.) Regulations 2020 (S.I. 2020/643), reg. 1(1), Sch. 2 (with reg. 3); (16.2.2021) by The Limited Liability Partnerships (Amendment etc.) Regulations 2021 (S.I. 2021/60), reg. 1(1), Sch. 2 (with reg. 4(2)))
Pts. 1-5 applied (with modifications) (4.1.2024) by S.I. 2021/716, Sch. 1A para. 3 (as inserted by The Payment and Electronic Money Institution Insolvency (Amendment) Regulations 2023 (S.I. 2023/1399), reg. 1(2), Sch. 1)
CHAPTER 3Length of moratorium
Obligations to notify change in end of moratorium
Obligations to notify change in end of moratorium13CH
1
The table imposes obligations on the directors of a company to notify the monitor where a moratorium for the company is extended or comes to an end.
Where a moratorium is extended or comes to an end under or by virtue of the following provision | the directors must | |
|---|---|---|
1 | Article 13CA | Notify the monitor of the extension. |
2 | Article 13CB | Notify the monitor of the extension and of the revised end date. |
3 | Article 13CD(4) | Notify the monitor of the extension and provide the monitor with the court order under Article 13CD(4). |
4 | Article 13CD(7)(a) | Notify the monitor of the extension. |
5 | Article 13CD(7)(b)(ii) | Notify the monitor that the moratorium has come to an end and of the date that it ended. |
6 | Article 13CE(2)(a) | Notify the monitor of the extension. |
7 | Article 13CE(2)(b) | Notify the monitor that the moratorium has come to an end and of the date that it ended. |
8 | Article 13CF | Notify the monitor of the extension and provide the monitor with any court order under Article 13CF. |
9 | Article 13CG | Notify the monitor that the moratorium has come to an end. |
10 | Article 13F | Notify the monitor that the moratorium has come to an end and provide the monitor with the court order under Article 13F. |
11 | Article 13FB | Notify the monitor that the moratorium has come to an end and provide the monitor with the court order under Article 13FB. |
2
After receiving a notice under paragraph (1), other than a notice under entry 4 or 6 of the table, the monitor must notify the relevant persons of when the moratorium ended or, subject to any alteration under or by virtue of any of the provisions mentioned in Article 13C(3) or (4), the moratorium will come to an end.
3
After receiving a notice under entry 4 or 6 of the table, the monitor must notify the relevant persons.
4
If a moratorium comes to an end under Article 13ED (termination by monitor), the monitor must notify the company and the relevant persons of when the moratorium ended.
5
The rules may—
a
make further provision about the timing of a notice required to be given under this Article;
b
require a notice to be accompanied by other documents.
6
If the directors fail to comply with paragraph (1), any director who did not have a reasonable excuse for the failure commits an offence.
7
If the monitor without reasonable excuse fails to comply with any of paragraphs (2) to (4), the monitor commits an offence.
8
In this Article “the relevant persons” means—
a
the registrar,
b
every creditor of the company of whose claim the monitor is aware,
c
in a case where the company is or has been an employer in respect of an occupational pension scheme that is not a money purchase scheme, the Pensions Regulator, and
d
in a case where the company is an employer in respect of such a pension scheme that is an eligible scheme within the meaning given by Article 110 of the Pensions (Northern Ireland) Order 2005, the Board of the Pension Protection Fund.
Pt. 1A inserted (26.6.2020) by Corporate Insolvency and Governance Act 2020 (c. 12), ss. 4(1), 49(1) (with ss. 2(2), 5(2))