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PART 3Process of SMCL administration

Notice requiring statement of affairs

14.—(1) In this Part, “relevant person” has the meaning given to it in paragraph 47(3) of Schedule B1 to the 1986 Act.

(2) A requirement under paragraph 47(1) of Schedule B1 to the 1986 Act for one or more relevant persons to provide the SMCL administrator with a statement of the affairs of the SMCL must be made by a notice delivered to such persons (and each person to whom such a notice is delivered is referred to in this Part as a “nominated person”).

(3) The notice must—

(a)be headed “Notice requiring statement of affairs”;

(b)include immediately below the heading—

(i)the full name, registered address, registered number and any other trading names of the SMCL; and

(ii)details of the court where the proceedings are and the relevant court reference number;

(c)require each nominated person to prepare and submit to the SMCL administrator a statement of the affairs of the SMCL; and

(d)inform each nominated person of—

(i)the names and addresses of all others (if any) to whom the same notice has been delivered;

(ii)the requirement to deliver the statement of affairs to the SMCL administrator no later than 11 days after receipt of the notice; and

(iii)the effect of paragraph 48(4) of Schedule B1 to the 1986 Act (offence of non-compliance) and section 235 of the 1986 Act(1) (duty to co-operate with the SMCL administrator).

(4) The SMCL administrator must inform each nominated person that a document for the preparation of the statement of affairs capable of completion in compliance with Rule 15 will be supplied if requested.

(5) The nominated person (or one of them, if more than one) must deliver the statement of affairs to the SMCL administrator with the statement of truth required by paragraph 47(2)(a) of Schedule B1 to the 1986 Act and a copy of each statement.

(1)

Section 235 was amended by the Enterprise Act 2002 (c.40), Schedule 17, paragraph 24.