Article 6 Proposed SMCL administrator’s statement and consent to act

(1)

References in this Part to a statement and consent to act are to a statement by a proposed SMCL administrator which complies with the requirements of paragraphs (2) to (4).

(2)

The statement must—

(a)

be headed “Proposed SMCL administrator’s statement and consent to act”; and

(b)

include immediately below the heading, the full name, registered address, registered number and any other trading names of the SMCL.

(3)

The statement must contain—

(a)

a certificate that the proposed SMCL administrator is qualified to act as an insolvency practitioner in relation to the SMCL;

(b)

the proposed SMCL administrator’s IP number;

(c)

the name of the relevant recognised professional body which is the source of the proposed SMCL administrator’s authorisation to act in relation to the SMCL;

(d)

a statement that the proposed SMCL administrator consents to act as SMCL administrator of the SMCL;

(e)

a statement whether or not the proposed SMCL administrator has had any prior professional relationship with the SMCL and, if so, a short summary of that relationship;

(f)

the name of the applicant; and

(g)

a statement that the proposed SMCL administrator is of the opinion that the objective of the SMCL administration is reasonably likely to be achieved in the particular case.

(4)

The statement must be authenticated and dated by the proposed SMCL administrator.

(5)

Where a number of persons are proposed to be appointed to act jointly or concurrently as the SMCL administrator each must make a separate statement and consent to act.