Section 901H: Moratorium debts, etc, Companies Act 2006

This section applies where—

an application under section 901C(1) in respect of a compromise or arrangement is made before the end of the period of 12 weeks beginning with the day after the end of any moratorium for the company under Part A1 of the Insolvency Act 1986 or Part 1A of the Insolvency (Northern Ireland) Order 1989 (S.I. 1989/2405 (N.I. 19)), and

the creditors with whom the compromise or arrangement is proposed include any relevant creditors (see subsection (2)).

In this section "relevant creditor" means—

a creditor in respect of a moratorium debt, or

a creditor in respect of a priority pre-moratorium debt.

The relevant creditors may not participate in the meeting summoned under section 901C.

For the purposes of section 901D (statement to be circulated or made available)—

the requirement in section 901D(1)(a) is to be read as including a requirement to send each relevant creditor a statement complying with section 901D;

any reference to creditors entitled to attend the meeting summoned under section 901C includes a reference to relevant creditors.

The court may not sanction the compromise or arrangement under section 901F if it includes provision in respect of any relevant creditor who has not agreed to it.

In this section—

"moratorium debt"—in the case of a moratorium under Part A1 of the Insolvency Act 1986, has the same meaning as in section 174A of that Act;in the case of a moratorium under Part 1A of the Insolvency (Northern Ireland) Order 1989, has the same meaning as in Article 148A of that Order;
"priority pre-moratorium debt"—in the case of a moratorium under Part A1 of the Insolvency Act 1986, has the same meaning as in section 174A of that Act;in the case of a moratorium under Part 1A of the Insolvency (Northern Ireland) Order 1989, has the same meaning as in Article 148A of that Order.

Section 901H: Moratorium debts, etc

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