Rule 3.04 Notice requiring statement of affairs

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

rules 11.01-11.13 applied with modifications by rule 58 by Bank Administration 2009 rule 61
rule 6(10)-CP(3) substituted by Insolvency 2000 rule 5
rule 4.056-CVL(2) words inserted by Insolvency 2006 Sch. 1 para. 22
rule 4.228A-4.228E inserted by Insolvency 2008 rule 5
rules 2.028-2.110 applied with modifications by rule 58 by Bank Administration 2009 rule 61
rules 2.114-2.115 applied with modifications by rule 58 by Bank Administration 2009 rule 61
rules 2.119-2.130 applied with modifications by rule 58 by Bank Administration 2009 rule 61
rules 4.027-4.029 applied with modifications by rule 58 by Bank Administration 2009 rule 61
rules 4.031-4.034 applied with modifications by rule 58 by Bank Administration 2009 rule 61
rules 4.197-4.204 applied with modifications by rule 58 by Bank Administration 2009 rule 61
rules 7.05-7.07 applied with modifications by rule 58 by Bank Administration 2009 rule 61
rules 7.09-7.14 applied with modifications by rule 58 by Bank Administration 2009 rule 61
rules 7.19-7.22 applied with modifications by rule 58 by Bank Administration 2009 rule 61
rules 7.24-7.30 applied with modifications by rule 58 by Bank Administration 2009 rule 61
rules 7.34-7.42 applied with modifications by rule 58 by Bank Administration 2009 rule 61
rules 7.50-7.54 applied with modifications by rule 58 by Bank Administration 2009 rule 61
rules 12.01-12.22 applied with modifications by rule 58 by Bank Administration 2009 rule 61
rule 7. 13B(2) word omitted by Insolvency 2023 rule 37(1)

(1)

The administrative receiver shall send notice to each of the persons whom he considers should be made responsible under Article 57, requiring them to prepare and submit to him a statement of the company's affairs.FORM 3.03

(2)

The persons to whom the notice is sent are referred to in this Chapter as “the deponents”.

(3)

The notice shall inform each of the deponents—

(a)

of the names and addresses of all others (if any) to whom the same notice has been sent;

(b)

of the time within which the statement must be delivered;

(c)

of the effect of Article 57(6) (penalty for non-compliance); and

(d)

of the application to him, and to each of the other deponents, of Article 199 (duty to provide information, and to attend on the administrative receiver if required).

(4)

The administrative receiver shall, on request, furnish each deponent with the forms required for the preparation of the statement of affairs.

[E.R.3.3]