The Companies (Trading Disclosures) (Insolvency) Regulations 2008

• Citation: S.I. 2008/1897
• Sections: 5

Section 1 Citation and commencement

(1) These Regulations may be cited as the Companies (Trading Disclosures) (Insolvency) Regulations 2008.

(2) They come into force on 1st October 2008.

Section 2 Statement that a company is in administrative receivership or receivership

(1) For section 39(1) of the Insolvency Act 1986 substitute—

(1) Where a receiver or manager of the property of a company has been appointed—

(a) every invoice, order for goods or services, business letter or order form (whether in hard copy, electronic or any other form) issued by or on behalf of the company or the receiver or manager or the liquidator of the company; and

(b) all the company’s websites,

must contain a statement that a receiver or manager has been appointed.

(2) For section 64(1) of the Insolvency Act 1986 substitute—

(1) Where a receiver has been appointed—

(a) every invoice, order for goods or services, business letter or order form (whether in hard copy, electronic or any other form) issued by or on behalf of the company or the receiver or the liquidator of the company; and

(b) all the company’s websites,

must contain a statement that a receiver has been appointed.

(3) For article 49(1) of the Insolvency (Northern Ireland) Order 1989 substitute—

(1) Where a receiver or manager of the property of a company has been appointed—

(a) every invoice, order for goods or services, business letter or order form (whether in hard copy, electronic or any other form) issued by or on behalf of the company or the receiver or manager or the liquidator of the company; and

(b) all the company’s websites,

must contain a statement that a receiver or manager has been appointed.

Section 3 Statement that moratorium is in force for a company

(1) For paragraph 16(1) of Schedule A1 to the Insolvency Act 1986 substitute—

(1) Every invoice, order for goods or services, business letter or order form (whether in hard copy, electronic or any other form) issued by or on behalf of the company, and all the company’s websites, must also contain the nominee’s name and a statement that the moratorium is in force for the company.

(2) For paragraph 27(1) of Schedule A1 to the Insolvency (Northern Ireland) Order 1989 substitute—

(1) Every invoice, order for goods or services, business letter or order form (whether in hard copy, electronic or any other form) issued by or on behalf of the company, and all the company’s websites, must also contain the nominee’s name and a statement that the moratorium is in force for the company.

Section 4 Statement that a company is in administration

(1) For paragraph 45 of Schedule B1 to the Insolvency Act 1986 substitute—

(45)

(1) While a company is in administration, every business document issued by or on behalf of the company or the administrator, and all the company’s websites, must state—

(a) the name of the administrator, and

(b) that the affairs, business and property of the company are being managed by the administrator.

(2) Any of the following persons commits an offence if without reasonable excuse the person authorises or permits a contravention of sub-paragraph (1)—

(a) the administrator,

(b) an officer of the company, and

(c) the company.

(3) In sub-paragraph (1) “business document” means—

(a) an invoice,

(b) an order for goods or services,

(c) a business letter, and

(d) an order form,

whether in hard copy, electronic or any other form.

(2) For paragraph 46 of Schedule B1 to the Insolvency (Northern Ireland) Order 1989 substitute—

(46)

(1) While a company is in administration, every business document issued by or on behalf of the company or the administrator, and all the company’s websites, must state—

(a) the name of the administrator, and

(b) that the affairs, business and property of the company are being managed by the administrator.

(2) Any of the following persons commits an offence if without reasonable excuse the person authorises or permits a contravention of sub-paragraph (1)—

(a) the administrator,

(b) an officer of the company, and

(c) the company.

(3) In sub-paragraph (1) “business document” means—

(a) an invoice,

(b) an order for goods or services,

(c) a business letter, and

(d) an order form,

whether in hard copy, electronic or any other form.

Section 5 Statement that a company is being wound up

(1) In section 188(1)(a) of the Insolvency Act 1986 —

(a) after “order for goods” insert “or services”, and

(b) omit “being a document on or in which the name of the company appears,”.

(2) In Article 159(1)(a) of the Insolvency (Northern Ireland) Order 1989

(a) after “order for goods” insert “or services”, and

(b) omit “being a document on or in which the name of the company appears,”.