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Rule 5.63 Contents of affidavitF1F2

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

  • rule 4.54(5-CVL) substituted for rule 4.54(5) by Insolvency 2010 Sch. 1 para. 179(5)
(1)

The affidavit shall state—

(a)

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

(b)

the deponent’s belief that the conversion of the voluntary arrangement into a bankruptcy would prove to be in the interests of the creditors in the main proceedings; and

(c)

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

(i)

in deciding whether to make an order under Rule 5.64; 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. 5 substituted (1.1.2003) by The Insolvency (Amendment) (No. 2) Rules 2002 (S.I. 2002/2712), rule 1(1), Sch. para. 24 (with rule 3(2))

F2

Pt. 5 Chs. 7-12 substituted for Pt. 5 Ch. 7 (1.4.2004) by The Insolvency (Amendment) Rules 2003 (S.I. 2003/1730), rule 1(3), Sch. 1 para. 31