Rule 4.035 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 4.035 applied and text amended by Bank Insolvency 2009 rule 27
rule 4.035 applied (with modifications) by Bank Insolvency 2009 rule 27
rule 7. 13B(2) word omitted by Insolvency 2023 rule 37(1)

(NO CVL APPLICATION)

(1)

This Rule and Rules 4.036 and 4.039 to 4.041 apply where the official receiver determines to require a statement of the company's affairs to be made out and submitted to him in accordance with Article 111.FORM 4.17

(2)

He shall send notice to each of the persons whom he considers should be made responsible under that Article, requiring them to prepare and submit the statement.

(3)

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

(4)

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 111(7) (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 official receiver if required).

(5)

The official receiver shall, on request, furnish a deponent with instructions for the preparation of the statement and with the forms required for that purpose.

[E.R.4.32]