PART 14

Voluntary trust deeds for creditors

Application for conversion to sequestration

Contents of affidavit required under section 190(2)
191
1
An affidavit required under section 190(2) must—
a
state that main proceedings have been opened in relation to the debtor in a member State other than the United Kingdom,
b
state that the member State insolvency practitioner believes that the conversion of the protected trust deed into sequestration would be most appropriate as regards the interests of the local creditors
and coherence between the main and secondary proceedings,
c
contain such other information as the member State insolvency practitioner considers will be of assistance to AiB—
i
in deciding whether to make an order under section 192, and
ii
if AiB were to do so, in considering the need for any consequential provision that would be necessary or desirable, and
d
contain such other matters as may be prescribed.
2
Any affidavit under this section must be sworn by, or on behalf of, the member State insolvency practitioner .
S. 191 in force at 30.11.2016 by S.S.I. 2016/294, reg. 2
S. 191(1)(b) substituted (26.6.2017) by The Insolvency (Regulation (EU) 2015/848) (Miscellaneous Amendments) (Scotland) Regulations 2017 (S.S.I. 2017/210), regs. 1, 4(14)(a) (with reg. 9)
Words in s. 191(1)(c) substituted (26.6.2017) by The Insolvency (Regulation (EU) 2015/848) (Miscellaneous Amendments) (Scotland) Regulations 2017 (S.S.I. 2017/210), regs. 1, 4(14)(b) (with reg. 9)
Words in s. 191(2) substituted (26.6.2017) by The Insolvency (Regulation (EU) 2015/848) (Miscellaneous Amendments) (Scotland) Regulations 2017 (S.S.I. 2017/210), regs. 1, 4(14)(b) (with reg. 9)