Article 5.12 Notice requiring statement of affairs (section 131)

(1)

Where, under section 131, the liquidator requires a nominated person to provide the liquidator with a statement of the affairs of the company, the liquidator must deliver a notice to that person.

(2)

The notice must be headed “Notice requiring statement of affairs” and must—

(a)

identify the company immediately below the heading;

(b)

identify the liquidator;

(c)

state the name of the nominated person;

(d)

require the nominated person to prepare and submit to the liquidator a statement of affairs of the company on a date which is specified, being—

(i)

the date of the winding-up order, or

(ii)

a date directed by the liquidator;

(e)

inform the nominated person—

(i)

of the names and addresses of any other nominated person to whom such a notice has been delivered, and

(ii)

of the date by which the statement must be delivered; and

(f)

state the effect of section 131(7) (penalty for non-compliance) and section 235 (duty to co-operate) as it applies to the liquidator.

(3)

The liquidator must inform the nominated person that a document for the preparation of the statement of affairs capable of completion in compliance with rule 5.13 can be supplied by the liquidator if requested.