Insolvency Act 1986, Schedule B1, paragraph 27

SCHEDULE B1 ADMINISTRATION

27 (1) A person who gives notice of intention to appoint under paragraph 26 shall file with the court as soon as is reasonably practicable a copy of—

(a) the notice, and

(b) any document accompanying it.

(2) The copy filed under sub-paragraph (1) must be accompanied by a statutory declaration made by or on behalf of the person who proposes to make the appointment—

(a) that the company is or is likely to become unable to pay its debts,

(b) that the company is not in liquidation, and

(c) that, so far as the person making the statement is able to ascertain, the appointment is not prevented by paragraphs 23 to 25, and

(d) to such additional effect, and giving such information, as may be prescribed.

(3) A statutory declaration under sub-paragraph (2) must—

(a) be in the prescribed form, and

(b) be made during the prescribed period.

(4) A person commits an offence if in a statutory declaration under sub-paragraph (2) he makes a statement—

(a) which is false, and

(b) which he does not reasonably believe to be true.

Definitions used in Schedule B1, paragraph 27 3

the company

2 Section 233B does not apply in relation to a contract for the supply of goods or services to a company (“the company”) where any of paragraphs 3 to 11 applies.

Defined in Sch.4ZZA para.2 · see it in the full Act
company

(1A) In this Schedule, “company” means—

(a)a company registered under the Companies Act 2006 in England and Wales or Scotland,

(b)a company incorporated in an EEA State ..., or

(c)a company not incorporated in an EEA State but having its centre of main interests in a member State (other than Denmark) or in the United Kingdom .

Defined in Sch.B1 para.111(1A) · see it in the full Act
unable to pay its debts

“unable to pay its debts” has the meaning given by section 123.

Defined in Sch.B1 para.111(1) · see it in the full Act

Cases considering Schedule B1, paragraph 27 15

JCAM Commercial Real Estate Property XV Ltd v Davis Haulage Ltd

[2017] EWCA Civ 267 · 11 April 2017

Requires a copy of the notice to be filed with the court. The court held that filing was invalid where the underlying notice had not been validly given because no settled intention existed. (see paras [4], [36]-[37], [64]) Links filing of the notice copy to the notice-of-intention regime. The court held that an invalid notice could not be validly filed so as to invoke the interim moratorium. (see paras [36]-[38], [64]) Cited only. Cited only.

Gregory & Ors v A.R.G. (Mansfield) Ltd

[2020] EWHC 1133 (Ch) · 7 May 2020

Paragraph 27(1) requires filing of the notice of intention to appoint and accompanying documents. It supports the analysis of the filing stage at which statutory requirements, including regulator consent, must be satisfied (see paras [24], [26], [99]). Paragraph 27(2) prescribes the statutory declaration accompanying the notice of intention to appoint. It forms part of the statutory framework for the appointment process (see para [24]).

Business Dream Ltd, Re Insolvency Act 1986

[2011] EWHC 2860 (Ch) · 2 November 2011Interprets

Interpreted as permitting filing of a notice of intention to appoint even where a winding-up petition is pending. Filing the notice triggered the interim moratorium, subject to the court’s power to strike out an abusive notice. Applied to the filing of the notice and accompanying documents. The filing was a formal step which brought the interim moratorium into effect.

What each judgment says about Schedule B1, paragraph 27 is in the case-law panel in the full Act.