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PART 2COMPANY VOLUNTARY ARRANGEMENTS (CVA)

CHAPTER 4Procedure for a CVA with a moratorium

The nominee’s statement (paragraph 6(2) of Schedule A1)

2.13.—(1) The nominee must submit to the directors the statement required by paragraph 6(2)(1) of Schedule A1 within 28 days of the submission to the nominee of the proposal.

(2) The statement must—

(a)include the name and address of the nominee; and

(b)be authenticated and dated by the nominee.

(3) A statement which contains an opinion on all the matters referred to in paragraph 6(2) must—

(a)explain why the nominee has formed that opinion; and

(b)if the nominee is willing to act, be accompanied by a statement of the nominee’s consent to act in relation to the proposed CVA.

(4) The statement of the nominee’s consent must—

(a)include the name and address of the nominee;

(b)state that the nominee is qualified to act as an insolvency practitioner in relation to the company; and

(c)be authenticated and dated by the nominee.

(1)

Paragraph 6(2) is amended by paragraph 9(2) of Schedule 9 to the Small Business, Enterprise and Employment Act 2015 (c.26).