F1PART 1AMORATORIUMS

Annotations:
Amendments (Textual)

CHAPTER 12Applications to court

Service of the application1A.30

1

The applicant must serve a sealed copy of the application—

a

in accordance with—

i

Schedule 4, and

ii

the Table in paragraph (2),

b

in a case where the application is made in respect of a regulated company within the meaning given by section A49, on the appropriate regulator, and

c

at least 14 days before the date fixed for the hearing unless—

i

the case is urgent and the court acts under rule 12.10, or

ii

the court extends or abridges the time limit.

2

This is the Table referred to in paragraph (1)—

Section of the Act

Topic

Persons on whom application must be served

A21

Restrictions on enforcement and legal proceedings

The company and the monitor

A31

Disposal of charged property free from charge

The holder of the security interest and the monitor

A32

Disposal of hire-purchase property

The owner of the property and the monitor

A37

Application by monitor for directions

The company

A39

Replacement of monitor or appointment of additional monitor

The monitor, in cases where the application is made by the directors. The directors in cases where the application is made by the monitor.

A42

Challenge to monitor’s actions

The company and the monitor

A43 and rule 1A.27(1)

Challenges to monitor remuneration in insolvency proceedings

The directors and the monitor

A44

Challenge to director’s actions

The directors and the monitor