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Rule 6.2 Information to be given in statutory demandI1

England and Wales

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 statutory demand must include an explanation to the debtor of the following matters—

(a)

the purpose of the demand, and the fact that, if the debtor does not comply with the demand, bankruptcy proceedings may be commenced against him;

(b)

the time within which the demand must be complied with, if that consequence is to be avoided;

(c)

the methods of compliance which are open to the debtor; and

(d)

his right to apply to the court for the statutory demand to be set aside.

(2)

The demand must specify one or more named individuals with whom the debtor may, if he wishes, enter into communication with a view to securing or compounding for the debt to the satisfaction of the creditor or (as the case may be) establishing to the creditor's satisfaction that there is a reasonable prospect that the debt will be paid when it falls due.

In the case of any individual so named in the demand, his address and telephone number (if any) must be given.

Annotations

Commencement

I1

Rule 6.2 in force at 29.12.1986, see rule 0.1