Provision relating to verification of documents
Affidavits5
1
In section 47(2) (statement of affairs to be submitted) for “affidavit” substitute “a statement of truth”.
2
In section 95 (effect of company’s insolvency)—
a
in subsection (4) omit “shall be verified by affidavit by the liquidator and”; and
b
after that subsection insert—
4A
The statement as to the affairs of the company shall be verified by the liquidator—
a
in the case of a winding up of a company registered in England and Wales, by a statement of truth; and
b
in the case of a winding up of a company registered in Scotland, by affidavit.
3
In section 99 (directors to lay statement of affairs before creditors)—
a
in subsection (2) omit “shall be verified by affidavit by some or all of the directors and”;
b
after that subsection insert—
2A
The statement as to the affairs of the company shall be verified by some or all of the directors—
a
in the case of a winding up of a company registered in England and Wales, by a statement of truth; and
b
in the case of a winding up of a company registered in Scotland, by affidavit.
c
in subsection (3)(a) for “or (2)” substitute “, (2) or (2A)”.
4
In section 131 (company’s statement of affairs)—
a
in subsection (2) omit “shall be verified by affidavit by the persons required to submit it and”; and
b
after that subsection, insert—
2A
The statement shall be verified by the persons required to submit it—
a
in the case of an appointment of a provisional liquidator or a winding up by the court in England and Wales, by a statement of truth; and
b
in the case of an appointment of a provisional liquidator or a winding up by the court in Scotland, by affidavit.
5
In section 166(5)(b) (application to court where default in complying with section 98 or 99) for “or (2)” substitute “, (2) or (2A)”.
6
In section 236 (inquiry into company’s dealings, etc)—
a
in subsection (3), for “an affidavit to the court containing” substitute “to the court”; and
b
after that subsection insert—
3A
An account submitted to the court under subsection (3) must be contained in—
a
a witness statement verified by a statement of truth (in England and Wales), and
b
an affidavit (in Scotland).
7
In section 366(1) (inquiry into bankrupt’s dealings and property)5 omit “an affidavit” and substitute “a witness statement verified by a statement of truth”.