The Insolvency (England and Wales) Rules 2016

Assets	athe company's assets, with an estimate of their respective values;bwhich assets are charged and the extent of the charge;cwhich assets are to be excluded from the CVA; anddparticulars of any property to be included in the CVA which is not owned by the company, including details of who owns such property, and the terms on which it will be available for inclusion;
Liabilities	ethe nature and amount of the company's liabilities;fhow the company's liabilities will be met, modified, postponed or otherwise dealt with by means of the CVA and in particular—ihow preferential creditors and creditors who are, or claim to be, secured will be dealt with,iihow creditors who are connected with the company will be dealt with,iiiif the company is not in administration or liquidation whether, if the company did go into administration or liquidation, there are circumstances which might give rise to claims under section 238 (transactions at an undervalue), section 239 (preferences), section 244 (extortionate credit transactions), or section 245 (floating charges invalid), andivwhere there are circumstances that might give rise to such claims, whether, and if so what, provision will be made to indemnify the company in respect of them;
Nominee's fees and expenses	gthe amount proposed to be paid to the nominee by way of fees and expenses;
Supervisor	hidentification and contact details for the supervisor;iconfirmation that the supervisor is qualified to act as an insolvency practitioner in relation to the company and the name of the relevant recognised professional body which is the source of the supervisor's authorisation;jhow the fees and expenses of the supervisor will be determined and paid;kthe functions to be performed by the supervisor;lwhere it is proposed that two or more supervisors be appointed a statement whether acts done in connection with the CVA may be done by any one or more of them or must be done by all of them;
Guarantees and proposed guarantees	mwhether any, and if so what, guarantees have been given in respect of the company's debts, specifying which of the guarantors are persons connected with the company;nwhether any, and if so what, guarantees are proposed to be offered for the purposes of the CVA and, if so, by whom and whether security is to be given or sought;
Timing	othe proposed duration of the CVA;pthe proposed dates of distributions to creditors, with estimates of their amounts;
Type of proceedings	qwhether the proceedings will be COMI proceedings, establishment proceedings or proceedings to which the EU Regulation as it has effect in the law of the United Kingdom does not apply with reasons;
Conduct of the business	rhow the business of the company will be conducted during the CVA;
Further credit facilities	sdetails of any further proposed credit facilities for the company, and how the debts so arising are to be paid;
Handling of funds arising	tthe manner in which funds held for the purposes of the CVA are to be banked, invested or otherwise dealt with pending distribution to creditors;uhow funds held for the purpose of payment to creditors, and not so paid on the termination of the CVA, will be dealt with;vhow the claim of any person bound by the CVA by virtue of section 5(2)(b)(ii) ... will be dealt with;
Matters relating to a moratorium	vawhether a moratorium is, or has been, in force for the company under Part A1 of the Act and, if so, the date that moratorium came into force and, (if applicable), the date it ended;
Other matters	xany other matters that the proposer considers appropriate to enable members and creditors to reach an informed decision on the proposal.

• (2) Where the proposal is made by the directors, an estimate so far as known to them of—

• (a) the value of the prescribed part if the proposal for the CVA is not accepted and the company goes into liquidation (whether or not the liquidator might be required under section 176A to make the prescribed part available for the satisfaction of unsecured debts); and

• (b) the value of the company's net property (as defined by section 176A(6)) on the date that the estimate is made.

• (3) Where the proposal is made by the administrator or liquidator the following so far as known to the office-holder—

• (a) an estimate of—

• (i) the value of the prescribed part (whether or not the administrator or liquidator might be required under section 176A to make the prescribed part available for the satisfaction of unsecured debts), and

• (ii) the value of the company's net property (as defined by section 176A(6)); and

• (b) a statement as to whether the administrator or liquidator proposes to make an application to the court under section 176A(5) and if so the reasons for the application; and

• (c) details of the nature and amount of the company's preferential creditors.

• (4) Information may be excluded from an estimate under paragraph (2) or (3)(a) if the inclusion of the information could seriously prejudice the commercial interests of the company.

• (5) If the exclusion of such information affects the calculation of the estimate, the proposal must include a statement to that effect.

CHAPTER 3 — Procedure for a CVA without a moratorium

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

Procedure for proposal where the nominee is not the liquidator or the administrator (section 2)

2

• (1) This rule applies where the nominee is not the same person as the liquidator or the administrator.

• (2) A nominee who consents to act must deliver a notice of that consent to the proposer as soon as reasonably practicable after the proposal has been submitted to the nominee under section 2(3).

• (3) The notice must state the date the nominee received the proposal.

• (4) The period of 28 days in which the nominee must submit a report to the court under section 2(2) begins on the date the nominee received the proposal as stated in the notice.

Information for the official receiver

2

Where the company is being wound up by the court, the liquidator must deliver to the official receiver—

• (a) a copy of the proposal; and

• (b) the name and address of the nominee (if the nominee is not the liquidator).

Statement of affairs (section 2(3))

2

• (1) The statement of the company's affairs required by section 2(3) must contain the following and, in addition, where paragraph (1B) applies, the information specified in that paragraph—

• (a) a list of the company's assets, divided into such categories as are appropriate for easy identification, and with each category given an estimated value;

• (b) in the case of any property on which a claim against the company is wholly or partly secured, particulars of the claim, and of how and when the security was created;

• (c) the names and addresses of the preferential creditors, with the amounts of their respective claims;

• (d) the names and addresses of the unsecured creditors with the amounts of their respective claims;

• (e) particulars of any debts owed by the company to persons connected with it;

• (f) particulars of any debts owed to the company by persons connected with it;

• (g) the names and addresses of the company's members, with details of their respective shareholdings; and

• (h) any other particulars that the nominee in writing requires to be provided for the purposes of making the nominee's report on the proposal to the court.

• (1A) Paragraph (1B) applies if a moratorium under Part A1 of the Act is, or has been, in force for the company at any time within the period of 12 weeks ending with the day on which the statement of affairs is made up.

• (1B) Where this paragraph applies the statement of affairs must identify which of the debts owed by the company are—

• (a) moratorium debts, and

• (b) priority pre-moratorium debts,

within the meaning given by section 174A; and

• (c) sub-paragraph(1)(c) has effect as if the reference to preferential creditors included references to moratorium debts and priority pre-moratorium debts within the meaning given by section 174A

• (2) The statement must be made up to a date not earlier than two weeks before the date of the proposal.

• (3) However the nominee may allow the statement to be made up to an earlier date (but not more than two months before the date of the proposal) where that is more practicable.

• (4) Where the statement is made up to an earlier date, the nominee's report to the court on the proposal must explain why.

• (5) The statement of affairs must be verified by a statement of truth made by the proposer.

• (6) Where the proposal is made by the directors, only one director need make the statement of truth.

Application to omit information from statement of affairs delivered to creditors

2

The nominee, the directors or any person appearing to the court to have an interest, may apply to the court for a direction that specified information be omitted from the statement of affairs as delivered to the creditors where disclosure of that information would be likely to prejudice the conduct of the CVA or might reasonably be expected to lead to violence against any person.

Additional disclosure for assistance of nominee where the nominee is not the liquidator or administrator

2

• (1) This rule applies where the nominee is not the administrator or the liquidator of the company.

• (2) If it appears to the nominee that the nominee's report to the court cannot properly be prepared on the basis of information in the proposal and statement of affairs, the nominee may require the proposer to provide—

• (a) more information about the circumstances in which, and the reasons why, a CVA is being proposed;

• (b) particulars of any previous proposals which have been made in relation to the company under Part 1 of the Act; and

• (c) any further information relating to the company's affairs which the nominee thinks necessary for the purposes of the report.

• (3) The nominee may require the proposer to inform the nominee whether, and if so in what circumstances, any person who is, or has been at any time in the two years before the date the nominee received the proposal, a director or officer of the company has—

• (a) been concerned in the affairs of any other company (whether or not incorporated in England and Wales) or limited liability partnership which has been the subject of insolvency proceedings;

• (b) been made bankrupt;

• (c) been the subject of a debt relief order; or

• (d) entered into an arrangement with creditors.

• (4) The proposer must give the nominee such access to the company's accounts and records as the nominee may require to enable the nominee to consider the proposal and prepare the nominee's report.

Nominee's report on proposal where the nominee is not the liquidator or administrator (section 2(2))

2

• (1) The nominee's report must be filed with the court under section 2(2) accompanied by—

• (a) a copy of the report;

• (b) a copy of the proposal (as amended under rule 2.2(2), if that is the case); and

• (c) a copy of the statement of the company's affairs or a summary of it.

• (2) The report must state—

• (a) why the nominee considers the proposal does or does not have a reasonable prospect of being approved and implemented; and

• (b) why the members and the creditors should or should not be invited to consider the proposal.

• (3) The court must endorse the nominee's report and the copy of it with the date of filing and deliver the copy to the nominee.

• (4) The nominee must deliver a copy of the report to the company.

Replacement of nominee (section 2(4))

2

• (1) A person (other than the nominee) who intends to apply to the court under section 2(4) for the nominee to be replaced must deliver a notice that such an application is intended to be made to the nominee at least five business days before filing the application with the court.

• (2) A nominee who intends to apply under that section to be replaced must deliver a notice that such an application is intended to be made to the person intending to make the proposal, or the proposer, at least five business days before filing the application with the court.

• (3) The court must not appoint a replacement nominee unless a statement by the replacement nominee has been filed with the court confirming that person—

• (a) consents to act; and

• (b) is qualified to act as an insolvency practitioner, in relation to the company.

CHAPTER 4 — Procedure for a CVA with a moratorium

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

Statement of affairs (paragraph 6(1)(b) of Schedule A1)

2

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Application to omit information from a statement of affairs

2

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

2

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Documents filed with court to obtain a moratorium (paragraph 7(1) of Schedule A1)

2

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Notice and advertisement of beginning of a moratorium

2

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Notice of continuation of a moratorium where physical meeting of creditors is summoned (paragraph 8(3B) of Schedule A1)

2

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Notice of decision extending or further extending a moratorium (paragraph 36 of Schedule A1)

2

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Notice of court order extending or further extending or continuing or renewing a moratorium (paragraph 34(2) of Schedule A1)

2

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Advertisement of end of a moratorium (paragraph 11(1) of Schedule A1)

2

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Disposal of charged property etc. during a moratorium

2

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Withdrawal of nominee's consent to act (paragraph 25(5) of Schedule A1)

2

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Application to the court to replace the nominee (paragraph 28 of Schedule A1)

2

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Notice of appointment of replacement nominee

2

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Applications to court to challenge nominee's actions etc. (paragraphs 26 and 27 of Schedule A1)

2

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CHAPTER 5 — Consideration of the proposal by the company members and creditors

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

Consideration of proposal: common requirements (section 3)

2

• (1) The nominee must invite the members of the company to consider a proposal by summoning a meeting of the company as required by section 3.

• (2) The nominee must invite the creditors to consider the proposal by way of a decision procedure.

• (2A) The nominee must examine whether there is jurisdiction to open the proceedings and must specify in the nominee’s comments on the proposal required by paragraphs (3)(d)(iii) and (5)(a)(iii) whether the proceedings will be COMI proceedings, establishment proceedings or proceedings to which the EU Regulation as it has effect in the law of the United Kingdom does not apply with the reasons for so stating.

• (3) In the case of the members, the nominee must deliver to every person whom the nominee believes to be a member a notice which must—

• (a) identify the proceedings;

• (b) state the venue for the meeting;

• (c) state the effect of the following—

• (i) rule 2.35 about members' voting rights,

• (ii) rule 2.36 about the requisite majority of members for passing resolutions, and

• (iii) rule 15.35 about rights of appeal; and

• (d) be accompanied by—

• (i) a copy of the proposal,

• (ii) a copy of the statement of affairs, or if the nominee thinks fit a summary including a list of creditors with the amounts of their debts,

• (iii) the nominee's comments on the proposal, unless the nominee is the administrator or liquidator in which case the comments required are limited to stating whether the proceedings will be main, secondary, territorial or non-EU proceedings with the reasons for so stating, and

• (iv) details of each resolution to be voted on.

• (4) In the case of the creditors, the nominee must deliver to each creditor a notice in respect of the decision procedure which complies with rule 15.8 so far as is relevant.

• (5) The notice must also—

• (a) be accompanied by—

• (i) a copy of the proposal,

• (ii) a copy of the statement of affairs, or if the nominee thinks fit a summary including a list of creditors with the amounts of their debts, and

• (iii) the nominee's comments on the proposal, unless the nominee is the administrator or liquidator; and

• (b) state how a creditor may propose a modification to the proposal, and how the nominee will deal with such a proposal for a modification.

• (6) The notice may also state that the results of the consideration of the proposal will be made available for viewing and downloading on a website and that no other notice will be delivered to the creditors or members (as the case may be).

• (7) Where the results of the consideration of the proposal are to be made available for viewing and downloading on a website the nominee must comply with the requirements for use of a website to deliver a document set out in rule 1.49(2)(a) to (c), (3) and (4) with any necessary adaptations and rule 1.49(5)(a) applies to determine the time of delivery of the document.

Members' consideration at a meeting

2

• (1) Where the nominee invites the members to consider the proposal at a meeting the notice to members under rule 2.25(3) must also—

• (a) specify the purpose of and venue for the meeting; and

• (b) be accompanied by a blank proxy.

• (2) The nominee must have regard to the convenience of those invited to attend when fixing the venue for a meeting (including the resumption of an adjourned meeting).

• (3) The date of the meeting (except where the nominee is the administrator or liquidator of the company) must not be more than 28 days from the date on which the nominee’s report is filed with the court under rule 2.9.

Creditors' consideration by a decision procedure

2

Where the nominee is inviting the creditors to consider the proposal by a decision procedure, the decision date must be not less than 14 days from the date of delivery of the notice and not more than 28 days from the date the nominee’s report is filed with the court under rule 2.9.

Timing of decisions on proposal

2

• (1) The decision date for the creditors' decision procedure may be on the same day as, or on a different day to, the meeting of the company.

• (2) But the creditors' decision on the proposal must be made before the members' decision.

• (3) The members' decision must be made not later than five business days after the creditors' decision.

• (4) For the purpose of this rule, the timing of the members' decision is either the date and time of the meeting of the company or, where the nominee invites members to consider the proposal by correspondence, the deadline for receipt of members' votes.

Creditors' approval of modified proposal

2

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Notice of members' meeting and attendance of officers

2

• (1) A notice under rule 2.25(3) summoning a meeting of the company must be delivered at least 14 days before the day fixed for the meeting to all the members and to—

• (a) every officer or former officer of the company whose presence the nominee thinks is required; and

• (b) all other directors of the company.

• (2) Every officer or former officer who receives such a notice stating that the nominee thinks that person's attendance is required is required to attend the meeting.

Requisition of physical meeting by creditors

2

• (1) This rule applies where the creditors requisition a physical meeting to consider a proposal (with or without modifications) in accordance with section 246ZE and rule 15.6.

• (2) The meeting must take place within 14 days of the date on which the prescribed proportion of creditors have required the meeting to take place.

• (3) A notice summoning a meeting of the creditors must be delivered to the creditors at least seven days before the day fixed for the meeting.

Non-receipt of notice by members

2

Where in accordance with the Act or these Rules the members are invited to consider a proposal, the consideration is presumed to have duly taken place even if not everyone to whom the notice is to be delivered receives it.

Proposal for alternative supervisor

2

• (1) If in response to a notice inviting—

• (a) members to consider the proposal by correspondence; or

• (b) creditors to consider the proposal other than at a meeting,

a member or creditor proposes that a person other than the nominee be appointed as supervisor, that person's consent to act and confirmation of being qualified to act as an insolvency practitioner in relation to the company must be delivered to the nominee by the deadline in the notice of the decision by correspondence or by the decision date (as the case may be).

• (2) If, at either a meeting of the company or the creditors to consider the proposal, a resolution is moved for the appointment of a person other than the nominee to be supervisor, the person moving the resolution must produce to the chair at or before the meeting—

• (a) confirmation that the person proposed as supervisor is qualified to act as an insolvency practitioner in relation to the company; and

• (b) that person's written consent to act (unless that person is present at the meeting and there signifies consent to act).

Chair at meetings

2

The chair of a meeting under this Part must be the nominee or an appointed person.

Members' voting rights

2

• (1) A member is entitled to vote according to the rights attaching to the member's shares in accordance with the articles of the company.

• (2) A member's shares include any other interest that person may have as a member of the company.

• (3) The value of a member for the purposes of voting is determined by reference to the number of votes conferred on that member by the company's articles.

Requisite majorities of members

2

• (1) A resolution is passed by members by correspondence or at a meeting of the company when a majority (in value) of those voting have voted in favour of it.

• (2) This is subject to any express provision to the contrary in the articles.

• (3) A resolution is not passed by correspondence unless at least one member has voted in favour of it.

Notice of order made under section 4A(6) or paragraph 36(5) of Schedule A1

2

• (1) This rule applies where the court makes an order under section 4A(6) ....

• (2) The member who applied for the order must deliver a sealed copy of it to—

• (a) the proposer; and

• (b) the supervisor (if there is one different to the proposer).

• (3) If the directors are the proposer a single copy may be delivered to the company at its registered office.

• (4) The supervisor, or the proposer where there is no supervisor, must as soon as reasonably practicable deliver a notice that the order has been made to every person who had received a notice to vote on the matter or who is affected by the order.

• (5) The member who applied for the order must, within five business days of the order, deliver a copy to the registrar of companies.

Report of consideration of proposal under section 4(6) and (6A) ...

2

• (1) A report or reports as the case may be must be prepared of the consideration of a proposal under section 4(6) and (6A) ... by the convener or, in the case of a meeting, the chair.

• (2) The report must—

• (a) state whether the proposal was approved or rejected and whether by the creditors alone or by both the creditors and members and, in either case, whether any approval was with any modifications;

• (b) list the creditors and members who voted or attended or who were represented at the meeting or decision procedure (as applicable) used to consider the proposal, setting out (with their respective values) how they voted on each resolution or whether they abstained;

• (c) identify which of those creditors were considered to be connected with the company;

• (d) if the proposal was approved, state with reasons whether the proceedings are COMI proceedings, establishment proceedings or proceedings to which the EU Regulation as it has effect in the law of the United Kingdom does not apply; and

• (e) include such further information as the nominee or the chair thinks it appropriate to make known to the court.

• (3) A copy of the report must be filed with the court, within four business days of ... the date of the company meeting.

• (4) The court must endorse the copy of the report with the date of filing.

• (5) The chair (in the case of a company meeting) or otherwise the convener must give notice of the result of the consideration of the proposal to everyone who was invited to consider the proposal or to whom notice of a decision procedure or meeting was delivered as soon as reasonably practicable after a copy of the report is filed with the court.

• (6) Where the decision approving the CVA has effect under section 4A ... with or without modifications, the supervisor must as soon as reasonably practicable deliver a copy of the convener's report or, in the case of a meeting, the chair's report to the registrar of companies.

CHAPTER 6 — Additional matters concerning and following approval of CVA

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

Hand-over of property etc. to supervisor

2

• (1) Where the decision approving a CVA has effect under section 4A ..., and the supervisor is not the same person as the proposer, the proposer must, as soon as reasonably practicable, do all that is required to put the supervisor in possession of the assets included in the CVA.

• (2) Where the company is in administration or liquidation and the supervisor is not the same person as the administrator or liquidator, the supervisor must—

• (a) before taking possession of the assets included in the CVA, deliver to the administrator or liquidator an undertaking to discharge the balance referred to in paragraph (3) out of the first realisation of assets; or

• (b) upon taking possession of the assets included in the CVA, discharge such balance.

• (3) The balance is any balance due to the administrator or liquidator, or to the official receiver not acting as liquidator—

• (a) by way of fees or expenses properly incurred and payable under the Act or these Rules; and

• (b) on account of any advances made in respect of the company together with interest on such advances at the rate specified in section 17 of the Judgments Act 1838 at the date on which the company entered administration or went into liquidation.

• (4) The administrator or liquidator, or the official receiver not acting as liquidator, has a charge on the assets included in the CVA in respect of any sums comprising such balance, subject only to the deduction from realisations by the supervisor of the proper costs and expenses of such realisations.

• (5) The supervisor must from time to time out of the realisation of assets—

• (a) discharge all guarantees properly given by the administrator or liquidator for the benefit of the company; and

• (b) pay all the expenses of the administrator or liquidator or of the official receiver not acting as liquidator.

• (6) Sums due to the official receiver take priority over those due to any other person under this rule.

Revocation or suspension of CVA

2

• (1) This rule applies where the court makes an order of revocation or suspension under section 6 ....

• (2) The applicant for the order must deliver a sealed copy of it to—

• (a) the proposer; and

• (b) the supervisor (if different).

• (3) If the directors are the proposer a single copy of the order may be delivered to the company at its registered office.

• (4) If the order includes a direction by the court under section 6(4)(b) ... for action to be taken, the applicant for the order must deliver a notice that the order has been made to the person who is directed to take such action.

• (5) The proposer must—

• (a) as soon as reasonably practicable deliver a notice that the order has been made to all of those persons to whom a notice to consider the matter was delivered or who appear to be affected by the order;

• (b) within five business days of delivery of a copy of the order (or within such longer period as the court may allow), deliver (if applicable) a notice to the court advising that it is intended to make a revised proposal to the company and its creditors, or to invite re-consideration of the original proposal.

• (6) The applicant for the order must deliver a copy of the order to the registrar of companies within five business days of the making of the order with a notice which must contain the date on which the voluntary arrangement took effect.

Supervisor's accounts and reports

2

• (1) The supervisor must keep accounts and records where the CVA authorises or requires the supervisor—

• (a) to carry on the business of the company;

• (b) to realise assets of the company; or

• (c) otherwise to administer or dispose of any of its funds.

• (2) The accounts and records which must be kept are of the supervisor's acts and dealings in, and in connection with, the CVA, including in particular records of all receipts and payments of money.

• (3) The supervisor must preserve any such accounts and records which were kept by any other person who has acted as supervisor of the CVA and are in the supervisor's possession.

• (4) The supervisor must deliver reports on the progress and prospects for the full implementation of the CVA to—

• (a) the registrar of companies;

• (b) the company;

• (c) the creditors bound by the CVA;

• (d) subject to paragraph (10) below, the members; and

• (e) if the company is not in liquidation, the company's auditors (if any) for the time being.

• (5) The notice which accompanies the report when delivered to the registrar of companies must contain the date on which the voluntary arrangement took effect.

• (6) The first report must cover the period of 12 months commencing on the date on which the CVA was approved and a further report must be made for each subsequent period of 12 months.

• (7) Each report must be delivered within the period of two months after the end of the 12 month period.

• (8) Such a report is not required if the obligation to deliver a final report under rule 2.44... arises in the two month period.

• (9) Where the supervisor is authorised or required to do any of the things mentioned in paragraph (1), the report must—

• (a) include or be accompanied by a summary of receipts and payments required to be recorded by virtue of paragraph (2); or

• (b) state that there have been no such receipts and payments.

• (10) The court may, on application by the supervisor, dispense with the delivery of such reports or summaries to members, either altogether or on the basis that the availability of the report to members is to be advertised by the supervisor in a specified manner.

Production of accounts and records to the Secretary of State

2

• (1) The Secretary of State may during the CVA, or after its full implementation or termination, require the supervisor to produce for inspection (either at the premises of the supervisor or elsewhere)—

• (a) the supervisor's accounts and records in relation to the CVA; and

• (b) copies of reports and summaries prepared in compliance with rule 2.41.

• (2) The Secretary of State may require the supervisor's accounts and records to be audited and, if so, the supervisor must provide such further information and assistance as the Secretary of State requires for the purposes of audit.

Fees and expenses

2

The fees and expenses that may be incurred for the purposes of the CVA are—

• (a) fees for the nominee's services agreed with the company (or, as the case may be, the administrator or liquidator) and disbursements made by the nominee before the decision approving the CVA takes effect under section 4A ...;

• (b) fees or expenses which—

• (i) are sanctioned by the terms of the CVA, or

• (ii) where they are not sanctioned by the terms of the CVA would be payable, or correspond to those which would be payable, in an administration or winding up.

Termination or full implementation of CVA

2

• (1) Not more than 28 days after the full implementation or termination of the CVA the supervisor must deliver a notice that the CVA has been fully implemented or terminated to all the members and those creditors who are bound by the arrangement.

• (2) The notice must state the date the CVA took effect and must be accompanied by a copy of a report by the supervisor which—

• (a) summarises all receipts and payments in relation to the CVA;

• (b) explains any departure from the terms of the CVA as it originally had effect;

• (c) if the CVA has terminated, sets out the reasons why; and

• (d) includes (if applicable) a statement as to the amount paid to any unsecured creditors by virtue of section 176A.

• (3) The supervisor must within the 28 days mentioned above send to the registrar of companies and file with the court a copy of the notice to creditors and of the supervisor's report.

• (4) The supervisor must not vacate office until after the copies of the notice and report have been delivered to the registrar of companies and filed with the court.

CHAPTER 7 — Time recording information

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

Provision of information

2

• (1) This rule applies where the remuneration of the nominee or the supervisor has been fixed on the basis of the time spent.

• (2) A person who is acting, or has acted within the previous two years, as—

• (a) a nominee in relation to a proposal; or

• (b) the supervisor in relation to a CVA;

must, within 28 days of receipt of a request from a person mentioned in paragraph (3), deliver free of charge to that person a statement complying with paragraphs (4) and (5).

• (3) The persons are—

• (a) any director of the company; and

• (b) where the proposal has been approved, any creditor or member.

• (4) The statement must cover the period which—

• (a) in the case of a person who has ceased to act as nominee or supervisor in relation to a company, begins with the date of appointment as nominee or supervisor and ends with the date of ceasing to act; and

• (b) in any other case, consists of one or more complete periods of six months beginning with the date of appointment and ending most nearly before the date of receiving the request.

• (5) The statement must set out—

• (a) the total number of hours spent on the matter during that period by the nominee or supervisor, and any staff;

• (b) for each grade of staff engaged on the matter, the average hourly rate at which work carried out by staff in that grade is charged; and

• (c) the number of hours spent on the matter by each grade of staff during that period.

PART 3 — ADMINISTRATION

CHAPTER 1 — Interpretation for this Part

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

Interpretation for Part 3

3

In this Part—

• “pre-administration costs” means fees charged, and expenses incurred by the administrator, or another person qualified to act as an insolvency practitioner in relation to the company, before the company entered administration but with a view to it doing so; and

• “unpaid pre-administration costs” means pre-administration costs which had not been paid when the company entered administration.

Proposed administrator's statement and consent to act

3

• (1) References in this Part to a consent to act are to a statement by a proposed administrator headed “Proposed administrator's statement and consent to act” which contains the following—

• (a) identification details for the company immediately below the heading;

• (b) a certificate that the proposed administrator is qualified to act as an insolvency practitioner in relation to the company;

• (c) the proposed administrator's IP number;

• (d) the name of the relevant recognised professional body which is the source of the proposed administrator's authorisation to act in relation to the company;

• (e) a statement that the proposed administrator consents to act as administrator of the company;

• (f) a statement whether or not the proposed administrator has had any prior professional relationship with the company and if so a short summary of the relationship;

• (g) the name of the person by whom the appointment is to be made or the applicant in the case of an application to the court for an appointment; and

• (h) a statement that the proposed administrator is of the opinion that the purpose of administration is reasonably likely to be achieved in the particular case.

• (2) The statement and consent to act must be authenticated and dated by the proposed administrator.

• (3) Where a number of persons are proposed to be appointed to act jointly or concurrently as the administrator of a company, each must make a separate statement and consent to act.

CHAPTER 2 — Appointment of administrator by Court

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

Administration application (paragraph 12 of Schedule B1)

3

• (1) An administration application in relation to a company must be headed “Administration application” and must identify the company immediately below the heading.

• (2) The application must contain—

• (a) the name of the applicant;

• (b) a statement whether the application is being made by—

• (i) the company under paragraph 12(1)(a) of Schedule B1,

• (ii) the directors of the company under paragraph 12(1)(b) of Schedule B1,

• (iii) a single creditor under paragraph 12(1)(c) of Schedule B1,

• (iv) a creditor under paragraph 12(1)(c) of Schedule B1 on behalf of that creditor and others,

• (v) the holder of a qualifying floating charge under paragraph 35 or 37 of Schedule B1 (specifying which),

• (vi) the liquidator of the company under paragraph 38 of Schedule B1,

• (vii) the supervisor of a CVA under section 7(4)(b), or

• (viii) a designated officer of a magistrates' court under section 87A of the Magistrates' Courts Act 1980 ;

• (c) if the application is made by a creditor on behalf of that creditor and others, the names of the others;

• (d) if the application is made by the holder of a qualifying floating charge, details of the charge including the date of the charge, the date on which it was registered and the maximum amount if any secured by the charge;

• (e) if the company is registered under the Companies Act—

• (i) any issued and called-up capital, the number of shares into which the capital is divided, the nominal value of each share and the amount of capital paid up or treated as paid up; or

• (ii) that it is a company limited by guarantee;

• (f) particulars of the principal business carried on by the company;

• (g) a statement whether the company is an Article 1.2 undertaking;

• (h) a statement whether the proceedings flowing from the appointment will be COMI proceedings, establishment proceedings or proceedings to which the EU Regulation as it has effect in the law of the United Kingdom does not apply and that the reasons for the statement are set out in the witness statement in support of the application made under rule 3.6;

• (i) except where the applicant is the holder of a qualifying floating charge and is making the application under paragraph 35 of Schedule B1, a statement that the applicant believes, for the reasons set out in the witness statement in support of the application that the company is, or is likely to become, unable to pay its debts;

• (j) the name and address of the proposed administrator;

• (k) the address for service of the applicant;

• (l) the statement that the applicant requests the court—

• (i) to make an administration order in relation to the company,

• (ii) to appoint the proposed person to be administrator, and

• (iii) to make such ancillary order as the applicant may request, and such other order as the court thinks appropriate.

• (3) The application must be authenticated by the applicant or the applicant's solicitor and dated.

Administration application made by the directors

3

After an application by the directors for an administration order is filed it is to be treated for all purposes as an application by the company.

Administration application by the supervisor of a CVA

3

After an application by the supervisor of a CVA for an administration order in respect of the company has been served on the company as required by rule 3.8(3)(d) it is to be treated for all purposes as an application by the company.

Witness statement in support of administration application

3

• (1) If an administration application is to be made by—

• (a) the company, a witness statement must be made by one of the following stating that the person making the statement does so on behalf of the company—

• (i) one of the directors,

• (ii) the secretary of the company, or

• (iii) the supervisor of a CVA;

• (b) the company's directors, a witness statement must be made by one of the following stating that the person making it does so on behalf of the directors—

• (i) one of the directors, or

• (ii) the secretary of the company;

• (c) a single creditor, a witness statement must be made by—

• (i) that creditor, or

• (ii) a person acting under that creditor's authority;

• (d) two or more creditors, a witness statement must be made by a person acting under the authority of them all, whether or not one of their number.

• (2) In a case falling within paragraph (1)(c)(ii) or (d), the witness statement must state the nature of the authority of the person making it and the means of that person's knowledge of the matters to which the witness statement relates.

• (3) The witness statement must contain—

• (a) a statement of the company's financial position, specifying (to the best of the applicant's knowledge and belief) the company's assets and liabilities, including contingent and prospective liabilities;

• (b) details of any security known or believed to be held by creditors of the company, and whether in any case the security is such as to confer power on the holder to appoint an administrative receiver or to appoint an administrator under paragraph 14 of Schedule B1;

• (c) a statement that an administrative receiver has been appointed if that is the case;

• (d) details of any insolvency proceedings in relation to the company, including any petition that has been presented for the winding up of the company so far as known to the applicant;

• (e) where it is intended to appoint a number of persons as administrators, a statement of the matters relating to the exercise of their functions set out in paragraph 100(2) of Schedule B1;

• (f) the reasons for the statement that the proceedings will be COMI proceedings, establishment proceedings or proceedings to which the EU Regulation as it has effect in the law of the United Kingdom does not apply; and

• (g) any other matters which, in the applicant's opinion, will assist the court in deciding whether to make such an order.

• (4) Where the application is made by the holder of a qualifying floating charge under paragraph 35 or 37 of Schedule B1, the witness statement must give sufficient details to satisfy the court that the applicant is entitled to appoint an administrator under paragraph 14 of Schedule B1.

• (5) Where the application is made under paragraph 37 or 38 of Schedule B1 in relation to a company in liquidation, the witness statement must also contain—

• (a) details of the existing insolvency proceedings, the name and address of the liquidator, the date the liquidator was appointed and by whom;

• (b) the reasons why it has subsequently been considered appropriate that an administration application should be made; and

• (c) any other matters that would, in the applicant's opinion, assist the court in deciding whether to make provision in relation to matters arising in connection with the liquidation.

Filing of application

3

• (1) The application must be filed with the court together with the witness statement in support and the proposed administrator's consent to act.

• (2) The court must fix a venue for the hearing of the application.

• (3) There must also be filed, at the same time as the application or at any time after that, a sufficient number of copies of the application and the statement for service in accordance with rule 3.8.

• (4) Each of the copies filed must—

• (a) have applied to it the seal of the court;

• (b) be endorsed with—

• (i) the date and time of filing, and

• (ii) the venue fixed by the court; and

• (c) be delivered by the court to the applicant.

Service of application

3

• (1) In this rule, references to the application are to a copy of the application and witness statement delivered by the court under rule 3.7(4)(c).

• (2) Notification for the purposes of paragraph 12(2) of Schedule B1 must be by service of the application.

• (3) The applicant must serve the application on the following (in addition to serving it on the persons referred to in paragraph 12(2)(a) to (c) of Schedule B1)—

• (za) if there is a moratorium in force for the company under Part A1 of the Act, the monitor;

• (a) any administrative receiver of the company;

• (b) if there is a petition pending for the winding up of the company on—

• (i) the petitioner, and

• (ii) any provisional liquidator;

• (c) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (d) the company, if the application is made by anyone other than the company or its directors;

• (e) any supervisor of a CVA in relation to the company; and

• (f) the proposed administrator.

• (4) The certificate of service must be filed with the court as soon as reasonably practicable after service and in any event not later than the business day before the hearing of the application.

Notice to enforcement agents charged with distress or other legal process, etc.

3

The applicant must as soon as reasonably practicable after filing the application deliver a notice of its being made to—

• (a) any enforcement agent or other officer who to the knowledge of the applicant is charged with distress or other legal process against the company or its property; and

• (b) any person who to the knowledge of the applicant has distrained against the company or its property.

Notice of other insolvency proceedings

3

After the application has been filed and until an order is made, it is the duty of the applicant to file with the court notice of the existence of any insolvency proceedings in relation to the company, as soon as the applicant becomes aware of them—

• (a) anywhere in the world, in the case of a company registered under the Companies Act in England and Wales;

• (b) in any EEA State ..., in the case of a company incorporated in an EEA State ...; or

• (c) in any member State other than Denmark, in the case of a company not incorporated in an EEA State.

Intervention by holder of qualifying floating charge (paragraph 36(1)(b) of Schedule B1)

3

• (1) Where the holder of a qualifying floating charge applies to the court under paragraph 36(1)(b) of Schedule B1 to have a specified person appointed as administrator, the holder must produce to the court—

• (a) the written consent of the holder of any prior qualifying floating charge;

• (b) the proposed administrator's consent to act; and

• (c) sufficient evidence to satisfy the court that the holder is entitled to appoint an administrator under paragraph 14 of Schedule B1.

• (2) If an administration order is made appointing the specified person, the costs of the person who made the administration application and of the applicant under paragraph 36(1)(b) of Schedule B1 are, unless the court orders otherwise, to be paid as an expense of the administration.

The hearing

3

• (1) At the hearing of the administration application, any of the following may appear or be represented—

• (a) the applicant;

• (b) the company;

• (c) one or more of the directors;

• (ca) if there is a moratorium in force for the company under Part A1 of the Act, the monitor;

• (d) any administrative receiver;

• (e) any person who has presented a petition for the winding up of the company;

• (f) the proposed administrator;

• (g) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (h) the holder of any qualifying floating charge;

• (i) any supervisor of a CVA;

• (j) with the permission of the court, any other person who appears to have an interest which justifies appearance.

• (2) If the court makes an administration order, the costs of the applicant, and of any other person whose costs are allowed by the court, are payable as an expense of the administration.

The order

3

• (1) Where the court makes an administration order the court's order must be headed “Administration order” and must contain the following—

• (a) identification details for the proceedings;

• (b) the name and title of the judge making the order;

• (c) the address for service of the applicant;

• (d) details of any other parties (including the company) appearing and by whom represented;

• (e) an order that during the period the order is in force the affairs, business and property of the company is to be managed by the administrator;

• (f) the name of the person appointed as administrator;

• (g) an order that that person is appointed as administrator of the company;

• (h) a statement that the court is satisfied either that the EU Regulation as it has effect in the law of the United Kingdom does not apply or that it does;

• (i) where the EU Regulation does apply, a statement whether the proceedings are COMI proceedings or establishment proceedings;

• (j) the date of the order (and if the court so orders the time); and

• (k) such other provisions if any as the court thinks just.

• (2) Where two or more administrators are appointed the order must also specify (as required by paragraph 100(2) of Schedule B1)—

• (a) which functions (if any) are to be exercised by those persons acting jointly; and

• (b) which functions (if any) are to be exercised by any or all of those persons.

Order on an application under paragraph 37 or 38 of Schedule B1

3

Where the court makes an administration order in relation to a company on an application under paragraph 37 or 38 of Schedule B1, the court must also include in the order—

• (a) in the case of a liquidator appointed in a voluntary winding up, the removal of that liquidator from office;

• (b) provision for payment of the expenses of the winding up;

• (c) such provision as the court thinks just relating to—

• (i) any indemnity given to the liquidator,

• (ii) the release of the liquidator,

• (iii) the handling or realisation of any of the company's assets in the hands of or under the control of the liquidator, and

• (iv) other matters arising in connection with the winding up; and

• (d) such other provisions if any as the court thinks just.

Notice of administration order

3

• (1) If the court makes an administration order, it must as soon as reasonably practicable deliver two sealed copies of the order to the applicant.

• (2) The applicant must as soon as reasonably practicable deliver a sealed copy of the order to the person appointed as administrator.

• (3) If the court makes an order under sub-paragraph (d) or (f) of paragraph 13(1) of Schedule B1, it must give directions as to the persons to whom, and how, notice of that order is to be delivered.

CHAPTER 3 — Appointment of administrator by holder of floating charge

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

Notice of intention to appoint

3

• (1) This rule applies where the holder of a qualifying floating charge (“the appointer”) gives a notice under paragraph 15(1)(a) of Schedule B1 of intention to appoint an administrator under paragraph 14 and files a copy of the notice with the court under paragraph 44(2).

• (2) The notice filed with the court must be headed “Notice of intention to appoint an administrator by holder of qualifying floating charge” and must contain the following—

• (a) identification details for the proceedings;

• (b) the name and address of the appointer;

• (c) a statement that the appointer intends to appoint an administrator of the company;

• (d) the name and address of the proposed administrator;

• (e) a statement that the appointer is the holder of the qualifying floating charge in question and that it is now enforceable;

• (f) details of the charge, the date upon which it was registered and the maximum amount if any secured by the charge;

• (g) a statement that the notice is being given in accordance with paragraph 15(1)(a) of Schedule B1 to the holder of every prior floating charge which satisfies paragraph 14(2) of that Schedule;

• (h) the names and addresses of the holders of such prior floating charges and details of the charges;

• (i) a statement whether the company is or is not subject to insolvency proceedings at the date of the notice, and details of the proceedings if it is;

• (j) a statement whether the company is an Article 1.2 undertaking; and

• (k) a statement whether the proceedings flowing from the appointment will be COMI proceedings, establishment proceedings or proceedings to which the EU Regulation as it has effect in the law of the United Kingdom does not apply with reasons for the statement.

• (3) The notice must be authenticated by the appointer or the appointer's solicitor and dated.

• (4) The filing of the copy with the court under paragraph 44(2) of Schedule B1 must be done at the same time as notice is given in accordance with paragraph 15(1)(a).

• (5) The giving of notice under paragraph 15(1)(a) must be by service of the notice.

Notice of appointment

3

• (1) Notice of an appointment under paragraph 14 of Schedule B1 must be headed “Notice of appointment of an administrator by holder of a qualifying floating charge” and must contain—

• (a) identification details for the proceedings;

• (b) the name and address of the appointer;

• (c) a statement that the appointer has appointed the person named as administrator of the company;

• (d) the name and address of the person appointed as administrator;

• (e) a statement that a copy of the administrator's consent to act accompanies the notice;

• (f) a statement that the appointer is the holder of the qualifying floating charge in question and that it is now enforceable;

• (g) details of the charge including the date of the charge, the date on which it was registered and the maximum amount if any secured by the charge;

• (h) one of the following statements—

• (i) that notice has been given in accordance with paragraph 15(1)(a) of Schedule B1 to the holder of every prior floating charge which satisfies paragraph 14(2) of that Schedule, that two business days have elapsed from the date the last such notice was given (if more than one) and—

• (aa) that a copy of every such notice was filed with the court under paragraph 44(2) of Schedule B1, and the date of that filing (or the latest date of filing if more than one), or

• (bb) that a copy of every such notice accompanies the notice of appointment but was not filed with the court under paragraph 44(2) of Schedule B1,

• (ii) that the holder of every such floating charge to whom notice was given has consented in writing to the making of the appointment and that a copy of every consent accompanies the notice of appointment,

• (iii) that the holder of every such floating charge has consented in writing to the making of the appointment without notice having been given to all and that a copy of every consent accompanies the notice of appointment, or

• (iv) that there is no such floating charge;

• (i) a statement whether the company is or is not subject to insolvency proceedings at the date of the notice, and details of the proceedings if it is;

• (j) a statement whether the company is an Article 1.2 undertaking;

• (k) a statement whether the proceedings flowing from the appointment will be COMI proceedings, establishment proceedings or proceedings to which the EU Regulation as it has effect in the law of the United Kingdom does not apply and the reasons for so stating; and

• (l) a statement that the appointment is in accordance with Schedule B1.

• (2) Where two or more administrators are appointed the notice must also specify (as required by paragraph 100(2) of Schedule B1)—

• (a) which functions (if any) are to be exercised by those persons acting jointly; and

• (b) which functions (if any) are to be exercised by any or all of those persons.

• (3) The statutory declaration included in the notice in accordance with paragraph 18(2) of Schedule B1 must be made not more than five business days before the notice is filed with the court.

Filing of notice with the court

3

• (1) Three copies of the notice of appointment must be filed with the court, accompanied by—

• (a) the administrator's consent to act; and

• (b) either—

• (i) evidence that the appointer has given notice as required by paragraph 15(1)(a) of Schedule B1; or

• (ii) copies of the written consent of all those required to give consent in accordance with paragraph 15(1)(b) of Schedule B1.

• (2) The court must apply the seal of the court to the copies of the notice, endorse them with the date and time of filing and deliver two of the sealed copies to the appointer.

• (3) The appointer must as soon as reasonably practicable deliver one of the sealed copies to the administrator.

• (4) This rule is subject to rules 3.20 and 3.21 (appointment made out of court business hours).

Appointment by floating charge holder after administration application made

3

• (1) This rule applies where the holder of a qualifying floating charge, after receiving notice that an administration application has been made, appoints an administrator under paragraph 14 of Schedule B1.

• (2) The holder must as soon as reasonably practicable deliver a copy of the notice of appointment to—

• (a) the person making the administration application; and

• (b) the court in which the application has been made.

Appointment taking place out of court business hours: procedure

3

• (1) When (but only when) the court is closed, the holder of a qualifying floating charge may file a notice of appointment with the court by—

• (a) faxing it to a designated telephone number; or

• (b) emailing it, or attaching it to an email, to a designated email address.

• (2) The notice must specify the name of the court (and hearing centre if applicable) that has jurisdiction.

• (3) The Lord Chancellor must designate the telephone number and email address.

• (4) The Secretary of State must publish the designated telephone number and email address on the Insolvency Service webpages and deliver notice of them to any person requesting them from the Insolvency Service.

• (5) The appointer must ensure that—

• (a) a fax transmission report giving the time and date of the fax transmission and the telephone number to which the notice was faxed and containing a copy of the first page (in part or in full) of the document faxed is created by the fax machine that is used to fax the notice; or

• (b) a hard copy of the email is created giving the time and date of the email and the address to which it was sent.

• (6) The appointer must retain the fax transmission report or hard copy of the email.

• (7) The appointer must deliver a notice to the administrator of the filing of the notice of appointment as soon as reasonably practicable.

• (8) The copy of the faxed or emailed notice of appointment as received by the Courts Service must be delivered by the Lord Chancellor as soon as reasonably practicable to the court specified in the notice as the court having jurisdiction in the case, to be placed on the relevant court file.

• (9) The appointer must take to the court on the next occasion that the court is open for business—

• (a) three copies of the faxed or emailed notice of appointment;

• (b) the fax transmission report or hard copy required by paragraph (5);

• (c) all supporting documents referred to in the notice in accordance with rule 3.21(1) which are in the appointer's possession; and

• (d) a statement providing reasons for the out-of-hours filing of the notice of appointment, including why it would have been damaging to the company or its creditors not to have so acted.

• (10) The copies of the notice must be sealed by the court and endorsed with—

• (a) the date and time when, according to the appointer's fax transmission report or hard copy of the email, the notice was faxed or sent; and

• (b) the date when the notice and accompanying documents were delivered to the court.

• (11) The court must deliver two of the sealed copies of the notice of appointment to the appointer.

• (12) The appointer must, as soon as reasonably practicable, deliver one of the copies to the administrator.

• (13) The reference—

• (a) to the Insolvency Service in paragraph (4) means the Secretary of State acting by means of the Insolvency Service; and

• (b) to the Courts Service in paragraph (8) means the Lord Chancellor acting by means of Her Majesty's Courts and Tribunals Service.

Appointment taking place out of court business hours: content of notice

3

• (1) Notice of an appointment filed in accordance with rule 3.20 must be headed “Notice of appointment of an administrator by holder of a qualifying floating charge”, identify the company immediately below the heading and must contain—

• (a) the name and address of the appointer;

• (b) a statement that the appointer has appointed the person named as administrator of the company;

• (c) the name and address of the person appointed as administrator;

• (d) a statement that the appointer is the holder of the qualifying floating charge in question and that it is now enforceable;

• (e) details of the charge, the date upon which it was registered and the maximum amount secured by the charge;

• (f) one of the following statements—

• (i) that notice has been given in accordance with paragraph 15(1)(a) of Schedule B1 to the holder of every prior floating charge which satisfies paragraph 14(2) of that Schedule, that a copy of every such notice was filed with the court under paragraph 44(2) of that Schedule, the date of that filing (or the latest date of filing if more than one) and that two business days have elapsed since notice was given under paragraph 15(1)(a) of Schedule B1,

• (ii) that notice has been given in accordance with paragraph 15(1)(a) of Schedule B1 to the holder of every prior floating charge which satisfies paragraph 14(2) of that Schedule and that a copy of every such notice is in the appointer's possession but was not filed with the court under paragraph 44(2) of that Schedule,

• (iii) that the holder of every such floating charge to whom notice was given has consented to the making of the appointment and that a copy of every consent in writing is in the appointer's possession,

• (iv) that the holder of every such floating charge has consented to the making of the appointment without notice having been given to all and that a copy of every consent in writing is in the appointer's possession, or

• (v) that there is no such floating charge;

• (g) a statement whether the company is or is not subject to insolvency proceedings at the date of the notice, and details of the proceedings if it is;

• (h) a statement whether the company is an Article 1.2 undertaking ...;

• (i) a statement whether the proceedings flowing from the appointment will be COMI proceedings, establishment proceedings or proceedings to which the EU Regulation as it has effect in the law of the United Kingdom does not apply and that a statement of the reasons for stating this is in the appointer’s possession;

• (j) an undertaking that the following will be delivered to the court on the next occasion on which the court is open—

• (i) any document referred to in the notice in accordance with rule 3.20 as being in the appointer's possession,

• (ii) the fax transmission report or hard copy of the email, and

• (iii) the statement of reasons for out-of-hours filing;

• (k) a statement that the proposed administrator consents to act; and

• (l) a statement that the appointment is in accordance with Schedule B1.

• (2) Where two or more administrators are appointed the notice must also specify (as required by paragraph 100(2) of Schedule B1)—

• (a) which functions (if any) are to be exercised by those persons acting jointly; and

• (b) which functions (if any) are to be exercised by any or all of those persons.

• (3) The statutory declaration included in the notice in accordance with paragraph 18(2) of Schedule B1 must be made not more than five business days before the notice is filed with the court.

Appointment taking place out of court business hours: legal effect

3

• (1) The filing of a notice in accordance with rule 3.20 has the same effect for all purposes as the filing of a notice of appointment in accordance with rule 3.18.

• (2) The appointment—

• (a) takes effect from the date and time of the fax transmission or sending of the email; but

• (b) ceases to have effect if the requirements of rule 3.20(9) are not completed on the next occasion the court is open for business.

• (3) Where any question arises in relation to the date and time that the notice of appointment was filed with the court, it is a presumption capable of rebuttal that the date and time shown on the appointer's fax transmission report or hard copy of the email is the date and time at which the notice was filed.

CHAPTER 4 — Appointment of administrator by company or directors

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

Notice of intention to appoint

3

• (1) If paragraph 26 of Schedule B1 requires a notice of intention to appoint an administrator under paragraph 22 of that Schedule then the notice must be headed “Notice of intention to appoint an administrator by company or directors” and must contain the following—

• (a) identification details for the proceedings;

• (b) a statement that the company or the directors, as the case may be, intend to appoint an administrator of the company;

• (c) the name and address of the proposed administrator;

• (d) the names and addresses of the persons to whom notice is being given in accordance with paragraph 26(1) of Schedule B1;

• (e) a statement that each of those persons is or may be entitled to appoint—

• (i) an administrative receiver of the company, or

• (ii) an administrator of the company under paragraph 14 of Schedule B1;

• (ea) a statement as to whether there is a moratorium in force for the company under Part A1 of the Act;

• (f) a statement that the company has not within the preceding 12 months been in administration;

• (g) a statement that in relation to the company there is no—

• (i) petition for winding up which has been presented but not yet disposed of,

• (ii) administration application which has not yet been disposed of, or

• (iii) administrative receiver in office;

• (h) a statement whether the company is an Article 1.2 undertaking;

• (i) a statement whether the proceedings flowing from the appointment will be COMI proceedings, establishment proceedings or proceedings to which the EU Regulation as it has effect in the law of the United Kingdom does not apply and the reasons for so stating;

• (j) a statement that the notice is accompanied (as appropriate) by either—

• (i) a copy of the resolution of the company to appoint an administrator, or

• (ii) a record of the decision of the directors to appoint an administrator; and

• (k) a statement that if a recipient of the notice who is named in paragraph (e) wishes to consent in writing to the appointment that person may do so but that after five business days have expired from delivery of the notice the appointer may make the appointment although such a recipient has not replied.

• (2) The notice must be accompanied by—

• (a) a copy of the resolution of the company to appoint an administrator, where the company intends to make the appointment, or

• (b) a record of the decision of the directors, where the directors intend to make the appointment.

• (3) The giving of notice under paragraph 26(1) of Schedule B1 must be by service of the notice.

• (4) If notice of intention to appoint is given under paragraph 26(1) of Schedule B1, a copy of the notice under paragraph 26(2) must be sent at the same time to—

• (a) any enforcement agent or other officer who, to the knowledge of the person giving the notice, is charged with distress or other legal process against the company;

• (b) any person who, to the knowledge of the person giving the notice, has distrained against the company or its property;

• (c) any supervisor of a CVA; and

• (d) the company, if the company is not intending to make the appointment.

• (5) The giving of notice under paragraph 26(2) of Schedule B1 must be by service of the notice.

• (6) The statutory declaration accompanying the notice in accordance with paragraph 27(2) of Schedule B1 must—

• (a) if it is not made by the person making the appointment, indicate the capacity in which the person making the declaration does so; and