Rule 3.31 Statement of affairs: statement of concurrenceC1

(1)

The administrator may require a relevant person to deliver to the 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 administrator must inform the nominated person who has been required to submit a statement of affairs that the relevant person 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)

A statement of concurrence—

(a)

must identify the company; and

(b)

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

(i)

is not in agreement with the statement of affairs,

(ii)

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

(iii)

is without the direct knowledge necessary for concurring with it.

(6)

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

Annotations

Modifications

C1: Rules 3.28-3.37 applied (with modifications) (19.3.2024) by The Water Industry (Special Administration) (England and Wales) Rules 2024 (S.I. 2024/229), rules 1, 5, 42-45, Sch. (with rule 2(2))