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[F1PART 1AE+WMORATORIUMS

CHAPTER 3E+WObtaining a moratorium by application to the court

[Note: a document required by the Act or these Rules must also contain the standard contents set out in Part 1.]

Application of ChapterE+W

1A.7.  This Chapter applies for the purposes of an application to the court to obtain a moratorium—

(a)for a company subject to a winding-up petition under section A4, or

(b)for an overseas company under section A5.

Moratorium application (sections A4 and A5)E+W

1A.8.(1) An application for a moratorium under sections A4 or A5 must—

(a)specify the date on which the application is filed, and

(b)be accompanied by the relevant documents (as to which see section A6).

(2) The application must be endorsed by the court with the date and time of filing.

The relevant documents: contents and requirements (section A6)E+W

1A.9.(1) Each relevant document must—

(a)state the nature of the document,

(b)identify the proceedings,

(c)contain the identification details for the company, and

(d)be authenticated by, or on behalf of, the person giving the notice or making the statement (as the case may be).

(2) The statements under section A6(1)(b) to (e) must—

(a)be made within the period of five business days ending with the day on which the application is filed with the court, and

(b)specify the date on which the statement is made.

The relevant documents: further requirements relating to the monitor’s statement and consent to act (section A6(1)(b))E+W

1A.10.  A statement under section A6(1)(b) must—

(a)be headed “Proposed monitor’s statement and consent to act for the purposes of a moratorium under Part A1 of the Insolvency Act 1986” and

(b)contain—

(i)a certificate that the proposed monitor is qualified to act as an insolvency practitioner in relation to the company,

(ii)the name of the relevant recognised professional body which is the source of the proposed monitor’s authorisation,

(iii)the proposed monitor’s IP number, and

(iv)a statement that the proposed monitor consents to act as monitor in relation to the company.]