Rule 7.41 Statement of affairs

(1)

The statement of affairs must be headed “Statement of affairs” and must contain F1the following, or, where paragraph (1B) applies, the information specified in that paragraph—

(a)

identification details for the company;

(b)

a statement that it is a statement of the affairs of the company on a date which is specified, being—

(i)

the date of the winding-up order, or

(ii)

the date directed by the official receiver;

(c)

a list of the company's shareholders with the following information about each one—

(i)

name and postal address,

(ii)

the type of shares held,

(iii)

the nominal amount of the shares held,

(iv)

the number of shares held,

(v)

the amount per share called up, and

(vi)

the total amount of shares called up;

(d)

the total amount of shares called up held by all shareholders;

(e)

a summary of the assets of the company, setting out the book value and estimated realisable value of—

(i)

any assets subject to a fixed charge,

(ii)

any assets subject to a floating charge,

(iii)

any uncharged assets, and

(iv)

the total value of all the assets available for preferential creditors;

(f)

a summary of the liabilities of the company, 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)

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

(v)

the amount of debts secured by floating charges,

(vi)

an estimate of the deficiency with respect to 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, and

(x)

an estimate of the deficiency with respect to, or surplus available to, members of the company;

(g)

a list of the company's creditors (as required by section 131(2)) with the following particulars required by paragraph (2) indicating—

(i)

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

(ii)

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

(iii)

any creditors claiming retention of title over property in the company's possession.

F2(1A)

Paragraph (1B) applies if a moratorium under Part A1 of the Act is or has been in force for the company at any time within the period of 12 weeks ending with the day on which the winding up petition is presented.

(1B)

Where this paragraph applies the statement of affairs must contain—

(a)

the matters specified in paragraph (1)(a) to (e) and (g); and

(b)

the information specified in paragraph (1)(f) but with the modifications specified in paragraph (1C).

(1C)

The modifications referred to in paragraph (1B)(b) are that—

(a)

the summary of the liabilities of the company must, in addition, set out which of the debts owed by the company are—

(i)

moratorium debts, and

(ii)

priority pre-moratorium debts,

within the meaning given by section 174A, and

(b)

sub-paragraph 1(e)(iv) has effect as if the reference to preferential creditors included references to moratorium debts and priority pre-moratorium debts within the meaning given by section 174A.

(c)

paragraph (1)(f)(i), (ii) and (vii) has effect as if the reference to preferential debts included references to moratorium debts and priority pre-moratorium debts within the meaning given by section 174A.

(2)

The particulars required by this paragraph are as follows—

(i)

the name and postal address,

(ii)

the amount of the debt owed to the creditor,

(iii)

details of any security held by the creditor,

(iv)

the date the security was given, and

(v)

the value of any such security.

(3)

Paragraph (4) applies where the particulars required by paragraph (2) relate to creditors who are either—

(a)

employees or former employees of the company; or

(b)

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

(4)

Where this paragraph applies—

(a)

the statement of affairs itself must state separately for each of paragraph (3)(a) and (b) the number of such creditors and the total of the debts owed to them; and

(b)

the particulars required by paragraph (2) in respect of those creditors must be set out in separate schedules to the statement of affairs for each of paragraph (3)(a) and (b).

(5)

The statement of affairs must be verified by a statement of truth by the nominated person, or all of them if more than one, making the statement of affairs.

(6)

The nominated person (or one of them, if more than one) must deliver the statement of affairs verified as required by paragraph (5) to the official receiver together with a copy.

(7)

The official receiver must deliver the verified copy of the statement of affairs and any statements of concurrence delivered under rule 7.42 to the registrar of companies.

(8)

However the official receiver must not deliver to the registrar of companies with the statement of affairs any schedule required by paragraph (4)(b).

Annotations

Textual amendments

F1: Words in rule 7.41(1) inserted (1.10.2021) by The Insolvency (England and Wales) (No.2) (Amendment) Rules 2021 (S.I. 2021/1028), rules 1, 40(2) (with rules 4, 5)
F2: Rules 7.41(1A)-(1C) inserted (1.10.2021) by The Insolvency (England and Wales) (No.2) (Amendment) Rules 2021 (S.I. 2021/1028), rules 1, 40(3) (with rules 4, 5)