F1Sch. ZA1 inserted (26.6.2020) by Corporate Insolvency and Governance Act 2020 (c. 12), s. 49(1), Sch. 5 (with ss. 2(2), 5(2), 13)
Modifications etc. (not altering text)
C1Sch. ZA1 modified (temp.) (26.6.2020) by Corporate Insolvency and Governance Act 2020 (c. 12), s. 49(1), Sch. 8 para. 6(1)(c) (with ss. 2(2), 5(2), Sch. 8 para. 1)
C2Sch. ZA1 modified (temp.) (26.6.2020) by Corporate Insolvency and Governance Act 2020 (c. 12), s. 49(1), Sch. 8 para. 7(b) (with ss. 2(2), 5(2), Sch. 8 para. 1)
2—(1) A company is excluded from being eligible if—N.I.
(a)on the filing date, a moratorium for the company is in force, or
(b)at any time during the period of 12 months ending with the filing date, a moratorium for the company was in force (but see Article 13F(6) for power of the High Court to modify the effect of this paragraph).
(2) A company is excluded from being eligible if—
(a)on the filing date, the company is subject to an insolvency procedure, or
(b)at any time during the period of 12 months ending with the filing date, the company was subject to an insolvency procedure within sub-paragraph (3)(a) or (b).
(3) For the purposes of sub-paragraph (2), a company is subject to an insolvency procedure at any time if at that time—
(a)a voluntary arrangement has effect in relation to the company,
(b)the company is in administration,
(c)paragraph 45 of Schedule B1 applies in relation to the company (administration: interim moratorium),
(d)there is an administrative receiver of the company,
(e)there is a provisional liquidator of the company,
(f)the company is being wound up, or
(g)a relevant petition for the winding up of the company has been presented and has not been withdrawn or determined.
(4) In sub-paragraph (3)(g) “relevant petition” means a petition under—
(a)Article 104A (winding up on grounds of public interest),
(b)Article 104B (winding up of SE), or
(c)Article 104C (winding up of SCE).]