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The Postal Administration Rules 2013

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6.—(1) The postal administration application shall state that the company is a universal service provider.

(2) The application shall state one or both of the following—

(a)the applicant’s belief that the company is unable, or is likely to be unable, to pay its debts;

(b)the Secretary of State has certified that it would be appropriate to petition for the winding up of the universal service provider under section 124A(1) of the 1986 Act (petition for winding up on grounds of public interest).

(3) There shall be attached to the application a witness statement in support which shall contain—

(a)a statement of the company’s financial position, specifying (to the best of the applicant’s knowledge and belief) its assets and liabilities, including contingent and prospective liabilities;

(b)details of any security known or believed to be held by creditors of the company, and whether in any case the security is such as to confer power on the holder to appoint an administrative receiver or to appoint an administrator under paragraph 14. If an administrative receiver has been appointed, that fact shall be stated;

(c)details of any insolvency proceedings in relation to the company including any petition that has been presented for the winding up of the company so far as within the immediate knowledge of the applicant;

(d)details of any notice served in accordance with section 78 of the 2011 Act by any person intending to enforce any security over the company’s assets, so far as within the immediate knowledge of the applicant;

(e)details of any step taken to enforce any such security, so far as within the immediate knowledge of the applicant;

(f)details of any application for permission of the court to pass a resolution for the voluntary winding up of the company, so far as within the immediate knowledge of the applicant;

(g)where it is intended to appoint a number of persons as postal administrators, details of the matters set out in section 72(5) of the 2011 Act regarding the exercise of the powers and duties of the postal administrators; and

(h)any other matters which, in the opinion of those intending to make the application for a postal administration order, will assist the court in deciding whether to make such an order, so far as lying within the knowledge or belief of the applicant.

(1)

1986 c. 45; section 124A was inserted by the Companies Act 1989 (c. 40), section 60(3) and was amended by S.I.

2001/3694; the Companies (Audit, Investigations and Community Enterprise) Act 2004 (c. 27) and S.I. 2004/3322.

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