Rule 4.12 Verification of petitionI1

England and Wales

(1)

[FORM 4.2] [FORM 4.3]The petition shall be verified by an affidavit that the statements in the petition are true, or are true to the best of the deponent's knowledge, information and belief.

(2)

If the petition is in respect of debts due to different creditors, the debts to each creditor must be separately verified.

(3)

The petition shall be exhibited to the affidavit verifying it.

(4)

The affidavit shall be made—

(a)

by the petitioner (or if there are two or more petitioners, any one of them), or

(b)

by some person such as a director, company secretary or similar company officer, or a solicitor, who has been concerned in the matters giving rise to the presentation of the petition, or

(c)

by some responsible person who is duly authorised to make the affidavit and has the requisite knowledge of those matters.

(5)

Where the deponent is not the petitioner himself, or one of the petitioners, he must in the affidavit identify himself and state—

(a)

the capacity in which, and the authority by which, he makes it, and

(b)

the means of his knowledge of the matters sworn to in the affidavit.

(6)

The affidavit is prima facie evidence of the statements in the petition to which it relates.

(7)

An affidavit verifying more than one petition shall include in its title the names of the companies to which it relates and shall set out, in respect of each company, the statements relied on by the petitioner; and a clear and legible photocopy of the affidavit shall be filed with each petition which it verifies.

F1(8)

The affidavit shall state whether, in the opinion of the person making the application, (i) the EC Regulation will apply and (ii) if so, whether the proceedings will be main proceedings or territorial proceedings.

Annotations

Textual amendments

F1: Rule 4.12(8) inserted (1.4.2005) by The Insolvency (Amendment) Rules 2005 (S.I. 2005/527), rules 1(2), 20

Commencement

I1: Rule 4.12 in force at 29.12.1986, see rule 0.1