Rule 2.131 Contents of affidavitF1

Changes not yet applied. Later legislation changes this provision in ways not yet written into the text below:

rule 2.131 heading words substituted by Insolvency 2010 Sch. 1 para. 109(2)
rule 2.131(1) words substituted by Insolvency 2010 Sch. 1 para. 109(3)(a)
rule 2.131(1)(b) words substituted by Insolvency 2010 Sch. 1 para. 109(3)(b)(i)
rule 2.131(1)(b) words substituted by Insolvency 2010 Sch. 1 para. 109(3)(b)(ii)
rule 4.54(5-CVL) substituted for rule 4.54(5) by Insolvency 2010 Sch. 1 para. 179(5)
rule 2.131(1)(c) substituted by Insolvency 2010 Sch. 1 para. 109(3)(c)
rule 2.131(2) words substituted by Insolvency 2010 Sch. 1 para. 109(4)(a)
rule 2.131(2) word substituted by Insolvency 2010 Sch. 1 para. 109(4)(b)

(1)

The affidavit shall state—

(a)

that main proceedings have been opened in relation to the company in a member State other than the United Kingdom;

(b)

the deponent’s belief that the conversion of the administration into a winding up would prove to be in the interests of the creditors in the main proceedings;

(c)

the deponent’s opinion as to whether the company ought to enter voluntary winding up or be wound up by the court; and

(d)

all other matters that, in the opinion of the member State liquidator, would assist the court—

(i)

in deciding whether to make such an order; and

(ii)

if the court were to do so, in considering the need for any consequential provision that would be necessary or desirable.

(2)

An affidavit under this rule shall be sworn by, or on behalf of, the member State liquidator.

Annotations

Textual amendments

F1: Pt. 2 substituted (15.9.2003) by The Insolvency (Amendment) Rules 2003 (S.I. 2003/1730), rule 1(2), Sch. 1 para. 9 (with rule 5(2)-(4))