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The Insolvency (Amendment) Rules 2010

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Amendments to Rule 4.12

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146.—(1) Rule 4.12 (verification of petition) is amended as follows.

(2) In paragraph (1), for “an affidavit that the statements in the petition are true, or are true to the best of the deponent’s knowledge, information and belief” substitute “a statement of truth”.

(3) For paragraph (3) substitute—

(3A) A statement of truth which is not contained in or endorsed upon the petition which it verifies must be sufficient to identify the petition and must specify—

(a)the name and registered number of the company,

(b)the name of the petitioner, and

(c)the court in which the petition is to be presented..

(4) In paragraph (4)—

(a)for “affidavit shall be made” substitute “statement of truth must be authenticated”; and

(b)in sub-paragraph (c), for “make the affidavit” substitute “authenticate the statement of truth”.

(5) In paragraph (5)—

(a)for “deponent” substitute “person authenticating the statement of truth”;

(b)for “affidavit” where it appears first substitute “statement of truth”;

(c)in sub-paragraph (a), for “makes” substitute “authenticates”; and

(d)in sub-paragraph (b), for “sworn to in the affidavit” substitute “verified in the statement of truth”.

(6) Omit paragraph (6).

(7) In paragraph (7)—

(a)for “An affidavit” substitute “A statement of truth”; and

(b)for “affidavit shall be filed” substitute “statement of truth must be filed”.

(8) In paragraph (8)—

(a)for “affidavit” substitute “statement of truth”; and

(b)after “main proceedings” insert “, secondary proceedings”.

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