The Insolvency (Scotland) (Company Voluntary Arrangements and Administration) Rules 2018

[F1 CHAPTER 5 S Extending moratorium by lodging notice at court

Textual Amendments

F1 Pt. 1A inserted (1.10.2021) by The Insolvency (Scotland) (Company Voluntary Arrangements and Administration) (Amendment) Rules 2021 (S.I. 2021/1026), rules 1, 6 (with rules 4, 5)

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

Application of Chapter S

1A.11.   This Chapter applies for the purpose of extending a moratorium under sections A10 or A11.

Extending a moratorium by lodging a notice at court (sections A10 and A11): notice of extension S

1A.12.— (1) The directors must lodge a notice with the court (referred to as a “notice of extension”) in accordance with paragraph (2).

(2) The notice of extensions must—

(a) be lodged with the court together with the documents referred to in section A10(1) or, as the case may be, section A11(1);

(b) be headed “Notice of extension of a moratorium under section A10/A11”;

(c) state—

(i) that the notice is lodged for the purpose of extending a moratorium;

(ii) whether the extension is under section A10 or section A11 of the Act;

(iii) the names of the persons lodging the notice;

(iv) the identification details of the company for which the moratorium is to be extended;

(v) the court in which the notice is lodged;

(vi) where the court has previously allocated a number to the insolvency proceedings in which the notice is lodged, that number; and

(vii) the date on which the notice is lodged; and

(d) be authenticated by, or on behalf of, the person lodging the notice.

(3) The notice of extension must be endorsed by the court with the date and time of lodging.

Documents lodged with the court under sections A10(1) or A11(1) of the Act: standard contents and requirements S

1A.13.— (1) Each document lodged with the court under section A10(1) or A11(1) must—

(a) state the nature of the document;

(b) identify the proceedings;

(c) contain the identification details for the company to which it relates;

(d) be authenticated by, or on behalf of, the person giving the notice or, as the case may be, the statement.

(2) The statement under section A11(1)(e) must also state—

(a) a description of the procedure used;

(b) the venue;

(c) whether, in the case of a meeting, the required quorum was in place; and

(d) the outcome.

(3) The statements under section A10(1)(b) to (d) or, as the case may be, section A11(1)(b) to (e) must—

(a) be made within the period of 3 business days ending with the day on which the notice of extension is lodged with the court; and

(b) indicate the date on which the statement is made.]