Article 2.5 Statement of affairs (section 2(3))

(1)

The statement of the company's affairs required by section 2(3) must contain the following information F1and, in addition, where paragraph (1B) applies, the information specified in that paragraph —

(a)

a list of the company's assets, divided into such categories as are appropriate for easy identification, and with each category given an estimated value;

(b)

in the case of any property on which a claim against the company is wholly or partly secured, particulars of the claim, and of how and when the security was created;

(c)

the names and addresses of the preferential creditors, with the amounts of their respective claims;

(d)

the names and addresses of the unsecured creditors with the amounts of their respective claims;

(e)

particulars of any debts owed by the company to persons connected with it;

(f)

particulars of any debts owed to the company by persons connected with it;

(g)

the names and addresses of the company's members, with details of their respective shareholdings; and

(h)

any other particulars that the nominee in writing requires to be provided for the purposes of making the nominee's report on the proposal to the court.

F2(1A)

Paragraph (1B) applies if a moratorium under Part A1 of the Act is, or has been, in force for the company at any time within the period of 12 weeks ending with the day on which the statement of affairs is made up.

(1B)

Where this paragraph applies the statement of affairs must identify which of the debts owed by the company are—

(a)

moratorium debts; or

(b)

priority pre-moratorium debts

within the meaning given by section 174A.

(1C)

Where paragraph 1B applies, paragraph 1(c) has effect as if the reference to preferential creditors included references to moratorium debts and priority pre-moratorium debts within the meaning given by section 174A.

(2)

The statement must be made up to a date not earlier than two weeks before the date of the proposal.

(3)

However the nominee may allow the statement to be made up to an earlier date (but not more than two months before the proposal) where that is more practicable.

(4)

Where the statement is made up to an earlier date, the nominee's report to the court on the proposal must explain why.

(5)

The statement of affairs must include a declaration that the information provided in it is, to the best of the proposer's knowledge and belief, accurate and complete.

(6)

Where the proposal is made by the directors, only one director need make a declaration in accordance with paragraph (5).

Annotations

Textual amendments

F1: Words in rule 2.5(1) inserted (1.10.2021) by The Insolvency (Scotland) (Company Voluntary Arrangements and Administration) (Amendment) Rules 2021 (S.I. 2021/1026), rules 1, 15(2) (with rules 4, 5)
F2: Rules 2.5(1A)-(1C) inserted (1.10.2021) by The Insolvency (Scotland) (Company Voluntary Arrangements and Administration) (Amendment) Rules 2021 (S.I. 2021/1026), rules 1, 15(3) (with rules 4, 5)

Notes on Chapter 3

Textual amendments

F1: Words in Pt. 2 Ch. 3 heading omitted (1.10.2021) by virtue of The Insolvency (Scotland) (Company Voluntary Arrangements and Administration) (Amendment) Rules 2021 (S.I. 2021/1026), rule 1, Sch. 2 para. 3 Table (with rules 4, 5)