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.
Cases considering Schedule B1, paragraph 27 15
[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.
[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]).
[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.