PART 6CREDITORS’ VOLUNTARY WINDING UP

CHAPTER 2Statement of affairs and other information

Statement of affairs made out by the liquidator under section 95(1A)6.2

1

This rule applies to the statement of affairs made out by the liquidator under section 95(1A) (effect of company’s insolvency in members’ voluntary winding up).

2

The statement of affairs must be headed “Statement of affairs” and must contain—

a

identification details for the company;

b

a statement that it is a statement of the affairs of the company on a date which is specified, being the date of the opinion formed by the liquidator under section 95(1);

c

a statement that as at that date, the liquidator formed the opinion that the company would be unable to pay its debts in full (together with interest at the official rate) within the period stated in the directors’ declaration of solvency made under section 89; and

d

the date it is made.

3

The statement of affairs must be delivered by the liquidator to the registrar of companies within five business days after the completion of the decision procedure or deemed consent procedure referred to in rule 6.11 in respect of the appointment of the liquidator.

4

However the liquidator must not deliver to the registrar of companies with the statement of affairs any schedule required by rule 6.4(4)(b).