Article 8 Filing of application

(1)

An application for an SMCL administration order must be commenced in the High Court.

(2)

The application must be filed with the court together with the witness statement in support and the proposed SMCL administrator’s statement and consent to act.

(3)

An application filed with the court in hard copy form must be accompanied by a sufficient number of copies of the application and the witness statement for service in accordance with Rule 9.

(4)

The court must fix a venue for the hearing of the application.

(5)

Each copy of the application filed with the court must—

(a)

have applied to it the seal of the court;

(b)

be endorsed with—

(i)

the date and time of filing; and

(ii)

the venue fixed by the court; and

(c)

be delivered by the court to the applicant.

(6)

After the application has been filed and until an order is made, it is the duty of the applicant to file with the court notice of the existence of any insolvency proceedings in relation to the SMCL, as soon as the applicant becomes aware of them.