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Insolvency Act 1986

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Insolvency Act 1986, Section A17 is up to date with all changes known to be in force on or before 19 March 2024. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations. Help about Changes to Legislation

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Changes and effects yet to be applied to the whole Act associated Parts and Chapters:

  • Act amendment to earlier affecting provision S.I. 1986/1999, art. 3, Sch. 1 Pt. 2 by S.I. 2017/1119 Sch. 3 para. 1
  • Act savings and transitional provisions for amendments by S.I. 2022/1166 by S.I. 2022/1172 Regulations

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[F1A17Obligations to notify change in end of moratoriumU.K.

(1)The table imposes obligations on the directors of a company to notify the monitor where a moratorium for the company is extended or comes to an end.

Where a moratorium is extended or comes to an end under or by virtue of the following provisionthe directors must
1Section A10Notify the monitor of the extension.
2Section A11Notify the monitor of the extension and of the revised end date.
3Section A13(4)Notify the monitor of the extension and provide the monitor with the court order under section A13(4).
4Section A13(7)(a)Notify the monitor of the extension.
5Section A13(7)(b)(ii)Notify the monitor that the moratorium has come to an end and of the date that it ended.
6Section A14(2)(a)Notify the monitor of the extension.
7Section A14(2)(b)Notify the monitor that the moratorium has come to an end and of the date that it ended.
8Section A15Notify the monitor of the extension and provide the monitor with any court order under section A15.
9Section A16Notify the monitor that the moratorium has come to an end.
10Section A42Notify the monitor that the moratorium has come to an end and provide the monitor with the court order under section A42.
11Section A44Notify the monitor that the moratorium has come to an end and provide the monitor with the court order under section A44.

(2)After receiving a notice under subsection (1), other than a notice under entry 4 or 6 of the table, the monitor must notify the relevant persons of when the moratorium ended or, subject to any alteration under or by virtue of any of the provisions mentioned in section A9(3) or (4), the moratorium will come to an end.

(3)After receiving a notice under entry 4 or 6 of the table, the monitor must notify the relevant persons.

(4)If a moratorium comes to an end under section A38 (termination by monitor), the monitor must notify the company and the relevant persons of when the moratorium ended.

(5)The rules may—

(a)make further provision about the timing of a notice required to be given under this section;

(b)require a notice to be accompanied by other documents.

(6)If the directors fail to comply with subsection (1), any director who did not have a reasonable excuse for the failure commits an offence.

(7)If the monitor without reasonable excuse fails to comply with any of subsections (2) to (4), the monitor commits an offence.

(8)In this section “the relevant persons” means—

(a)the registrar of companies,

(b)every creditor of the company of whose claim the monitor is aware,

(c)in a case where the company is or has been an employer in respect of an occupational pension scheme that is not a money purchase scheme, the Pensions Regulator, and

(d)in a case where the company is an employer in respect of such a pension scheme that is an eligible scheme within the meaning given by section 126 of the Pensions Act 2004, the Board of the Pension Protection Fund.]

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