Article 3.3 Content of statement of affairs

(1)

The statement of the further education body’s affairs must be headed “Statement of affairs” and must—

(a)

identify the further education body immediately below the heading; and

(b)

state that it is a statement of affairs of the further education body on a specified date, being the date on which it entered education administration.

(2)

The statement of affairs must contain (in addition to the matters required by paragraph 47(2) of Schedule B1)—

(a)

a summary of the assets of the further education body, setting out the book value and the estimated realisable value of—

(i)

any assets subject to a fixed charge,

(ii)

any assets subject to a floating charge,

(iii)

any uncharged assets,

(iv)

the total value of all the assets;

(b)

a summary of the liabilities of the further education body, setting out—

(i)

the amount of preferential debts,

(ii)

an estimate of the deficiency with respect to preferential debts or the surplus available after paying the preferential debts,

(iii)

an estimate of the prescribed part, if applicable,

(iv)

the amount of debt secured by floating charges,

(v)

an estimate of the total assets available to pay debts secured by floating charges,

(vi)

an estimate of the deficiency with respect of debts secured by floating charges or the surplus available after paying the debts secured by fixed or floating charges,

(vii)

the amount of unsecured debts (excluding preferential debts),

(viii)

an estimate of the deficiency with respect to unsecured debts or the surplus available after paying unsecured debts,

(ix)

any issued and called-up capital, where appropriate,

(x)

an estimate of the deficiency with respect to, or surplus available to, members of the further education body;

(c)

a list of the further education body’s creditors with the further particulars required by paragraph (3) indicating—

(i)

any creditors under hire-purchase, chattel leasing or conditional sales agreements,

(ii)

any creditors who are consumers claiming amounts paid in advance for the supply of goods or services,

(iii)

any creditors claiming retention of title over property in the further education body’s possession; and

(d)

the name and address of each member of the further education body and full details of their interest in the further education body.

(3)

The particulars required relating to each creditor are as follows—

(a)

the name and postal address of each creditor;

(b)

the amount of the debt owed to the creditor;

(c)

details of any security held by the creditor;

(d)

the date on which the security was given;

(e)

the value of any such security.

(4)

Paragraph (5) applies where the particulars required by paragraph (3) relate to creditors who are either—

(a)

employees or former employees of the further education body; or

(b)

consumers claiming amounts paid in advance for the supply of goods or services.

(5)

Where this paragraph applies—

(a)

the statement of affairs itself must state separately for each of paragraph (4)(a) and (b) the number of such creditors and the total of the debts owed to each of them;

(b)

the particulars required by paragraph (3) must be set out in separate schedules to the statement of affairs for each of paragraphs (4)(a) and (b).