PART 3Process of SMCL administration

Statement of concurrence16.

(1)

The SMCL administrator may require a relevant person to deliver to the SMCL administrator a statement of concurrence.

(2)

A statement of concurrence is a statement, verified by a statement of truth, that that person concurs in the statement of affairs submitted by a nominated person.

(3)

The SMCL administrator must inform the nominated person that the relevant person mentioned in paragraph (1) has been required to deliver a statement of concurrence.

(4)

The nominated person must deliver a copy of the statement of affairs to every relevant person who has been required to submit a statement of concurrence.

(5)

The relevant person must deliver the required statement of concurrence together with a copy to the SMCL administrator before the end of the period of five business days (or such other period as the SMCL administrator may agree) beginning with the day on which the relevant person receives the statement of affairs.

(6)

A statement of concurrence must—

(a)

be headed “Statement of concurrence”; and

(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.

(7)

A statement of concurrence may be qualified in relation to matters dealt with in the statement of affairs where the person making the statement of concurrence—

(a)

is not in agreement with the statement of affairs;

(b)

considers the statement of affairs to be erroneous or misleading; or

(c)

is without the direct knowledge necessary for concurring with it.