The Insolvency (Amendment) (No. 2) Rules 2009

• Citation: S.I. 2009/2472
• Sections: 17

Section 1 Citation and commencement

These Rules may be cited as the Insolvency (Amendment) (No. 2) Rules 2009 and come into force on 1st October 2009.

Section 2 Transitional provisions

(1) The amendments to the Insolvency Rules 1986 made by these Rules apply as follows.

(2) They apply where, in a company voluntary arrangement, a moratorium comes into force in relation to a company on or after 1st October 2009.

(3) They apply where a company enters administration on or after 1st October 2009, except where—

(a) it enters administration by virtue of an administration order under paragraph 10 of Schedule B1 to the 1986 Act on an application made before 1st October 2009;

(b) the administration is immediately preceded by a voluntary liquidation in respect of which the resolution to wind up was passed before 1st October 2009, or

(c) the administration is immediately preceded by a liquidation on the making of a winding-up order on a petition which was presented before 1st October 2009.

(4) They apply where, in a receivership, a receiver or manager is appointed in respect of a company on or after 1st October 2009.

(5) They apply where a company goes into liquidation upon the passing on or after 1st October 2009 of a resolution to wind up.

(6) They apply where a company goes into voluntary liquidation under paragraph 83 of Schedule B1 to the 1986 Act, except where the preceding administration—

(a) commenced before 1st October 2009, or

(b) is an administration which commenced by virtue of an administration order under paragraph 10 of Schedule B1 to the 1986 Act on an application which was made before 1st October 2009.

(7) They apply where a company goes into liquidation on the making of a winding-up order on a petition presented on or after 1st October 2009, except where the liquidation is immediately preceded by—

(a) an administration under paragraph 10 of Schedule B1 to the 1986 Act where the administration order was made on an application made before 1st October 2009;

(b) an administration in respect of which the appointment of an administrator under paragraph 14 or 22 of Schedule B1 to the 1986 Act took effect before 1st October 2009, or

(c) a voluntary liquidation in respect of which the resolution to wind up was passed before 1st October 2009.

(8) In this Rule, “the 1986 Act” means the Insolvency Act 1986.

Section 3 Amendments to the Insolvency Rules 1986

Subject to Rule 2, the Insolvency Rules 1986 are amended as follows.

Section 4 Amendment of Rule 0.2

(1) Rule 0.2(1) (construction and interpretation) is amended as follows.

(2) In paragraph (1), for “the Companies Act 1985”, substitute “the Companies Act 2006”.

Section 5 Amendment to Rule 1.22A

(1) Rule 1.22A (notice of order made under section 4A(6)) is amended as follows.

(2) In paragraph (5), for “an office copy”, substitute “a copy”.

Section 6 Amendment to Rule 1.41

(1) Rule 1.41 (notice of extension of moratorium) is amended as follows.

(2) In paragraph (2), for “an office copy”, substitute “a copy”.

Section 7 Amendment to Rule 2.49

(1) Rule 2.49 (venue and conduct of company meeting) is amended as follows.

(2) In paragraph (5), omit “of association”.

Section 8 Amendments to Rules 2.51, 2.55, 3.17, 3.21, 4.153, 4.159, 8.7 and 12.4A

(1) Rules 2.51(2) (formalities of establishment), 2.55(2) (committee-members’ representatives), 3.17(2) (formalities of establishment), 3.21(2) (committee-members’ representatives), 4.153(3) (formalities of establishment), 4.159(2) (committee-members’ representatives), 8.7(1) (company representation) and 12.4A(3) (quorum at meeting of creditors or contributories) are amended as follows.

(2) For “section 375”, where it occurs, substitute “section 323”.

Section 9 Amendment of Rule 3.35

(1) Rule 3.35 (vacation of office) is amended as follows.

(2) In paragraph (2), for “section 405(2)”, substitute “section 871(2)”.

Section 10 Amendment of Rule 3.38

(1) Rule 3.38 (preservation of certificate with company’s records) is amended as follows.

(2) In paragraph (1), for “section 222”, substitute “sections 388 and 389”.

Section 11 Amendment of Rule 4.2

(1) Rule 4.2 (winding up by the court: the various forms of petition) is amended as follows.

(2) In paragraph (1), in the second indent referring to paragraph (b) of section 122(1), for “section 117”, substitute “section 761”.

Section 12 Amendment of Rule 4.8

(1) Rule 4.8 (service of petition) is amended as follows.

(2) In paragraph (2)—

(a) in subparagraph (a), for “section 10”, substitute “section 9”; and

(b) in subparagraph (b), for “section 287”, substitute “section 87”.

(3) In paragraph (5), for “oversea”, substitute “overseas” and for “section 695”, substitute “section 1139(2)”.

Section 13 Amendment of Rule 4.11

(1) Rule 4.11 (advertisement of petition) is amended as follows.

(2) In paragraph (5)(a)(ii), for “oversea”, substitute “overseas”.

Section 14 Amendment of Rule 4.230

(1) Rule 4.230 (prohibited names - third excepted case) is amended as follows.

(2) In paragraph (b), for “section 252(5)”, substitute “section 1169(1), (2) and (3)(a)”.

Section 15 Amendment of Rule 5A.24

(1) Rule 5A.24 (application for leave) is amended as follows.

(2) In paragraph (4), for “section 13”, substitute “section 15”.

Section 16 Amendment of Rule 6.203

(1) Rule 6.203 (application for leave) is amended as follows.

(2) In paragraph (4), for “section 13”, substitute “section 15”.

Section 17 Amendment to Schedule 4 – forms

In the forms in Schedule 4 listed below, the contents are amended as follows—

(a) in Form 2.1B, for “the Companies Act 19”, substitute “the Companies Act 19__ or 2006”;

(b) in Form 3.8, for “An office copy”, substitute “A copy”;

(c) in Form 4.2—

(i) for “the Companies Act 19”, substitute “the Companies Act 19__ or 2006”; and

(ii) for “memorandum of association of the company”, substitute “the company’s articles”;

(d) in Form 4.5, for “oversea” in each place where it occurs, substitute “overseas”;

(e) in Form 4.14—

(i) for “the Companies Act 19”, substitute “the Companies Act 19__ or 2006”; and

(ii) for “memorandum of association of the company”, substitute “the company’s articles”;

(f) in Form 7.8, after “236” where it occurs, insert “, 251N”;

(g) in Form 7.9, after “236,” where it occurs, insert “251N,”, and

(h) in Form 9.1, after “236” where it occurs, insert “, 251N”.