PARTS 1 TO 4COMPANY INSOLVENCY; COMPANIES WINDING UP

PART 4COMPANIES WINDING UP

CHAPTER 6STATEMENT OF AFFAIRS AND OTHER INFORMATION

Verification and filing

4.036.  (NO CVL APPLICATION)

(1) The statement of affairs shall be in Form 4.18, shall contain all the particulars required by that form and shall be verified by affidavit by the deponents (using the same form).[FORM 4.18]

(2) The official receiver may require any of the persons mentioned in Article 111(3) to submit an affidavit of concurrence, stating that he concurs in the statement of affairs.

(3) An affidavit of concurrence made under paragraph (2) may be qualified in respect of matters dealt with in the statement of affairs, where the maker of the affidavit is not in agreement with the deponents, or he considers the statement to be erroneous or misleading, or he is without the direct knowledge necessary for concurring in the statement.

(4) The statement of affairs shall be delivered to the official receiver by the deponent making the affidavit of verification (or by one of them, if more than one), together with a copy of the verified statement.

(5) Every affidavit of concurrence shall be delivered to the official receiver by the person who makes it, together with a copy.

(6) The official receiver shall file the verified copy of the statement and the affidavits of concurrence (if any) in court.

(7) The affidavit may be sworn before an official receiver or a deputy official receiver, or before an officer of the Department or the court duly authorised in that behalf.

[E.R.4.33]