Rule 4.75 Contents of proofI1

England and Wales

(NO CVL APPLICATION)

F1(1)

Subject to Rule 4.73(5), the following matters shall be stated in a creditor’s proof of debt—

(a)

the creditor’s name and address, and, if a company, its company registration number;

(b)

the total amount of his claim (including any Value Added Tax) as at the date on which the company went into liquidation;

(c)

whether or not that amount includes outstanding uncapitalised interest;

(d)

particulars of how and when the debt was incurred by the company;

(e)

particulars of any security held, the date when it was given and the value which the creditor puts upon it;

(f)

details of any reservation of title in respect of goods to which the debt refers; and

(g)

the name, and address and authority of the person signing the proof (if other than the creditor himself).

(2)

There shall be specified in the proof any documents by reference to which the debt can be substantiated; but (subject as follows) it is not essential that such documents be attached to the proof or submitted with it.

(3)

The liquidator, or the chairman or convener of any meeting, may call for any document or other evidence to be produced to him, where he thinks it necessary for the purpose of substantiating the whole or any part of the claim made in the proof.

Annotations

Textual amendments

F1: Rule 4.75(1) substituted (1.4.2004) by The Insolvency (Amendment) Rules 2004 (S.I. 2004/584), rules 1(2), 10

Commencement

I1: Rule 4.75 in force at 29.12.1986, see rule 0.1