PART 2COMPANY VOLUNTARY ARRANGEMENTS (CVA)
CHAPTER 3Procedure for a CVA without a moratorium
Additional disclosure for assistance of nominee where the nominee is not the liquidator or administrator2.8
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.