Act of Sederunt (Rules of the Court of Session 1994) 1994

Form of petition for administration order

74.10.—(1) In this Part, “the petition” means a petition under section 9 of the Act of 1986 (petition for an administration order).

(2) The petition shall include averments in relation to–

(a) the petitioner and the capacity in which he presents the petition, if other than the company;

(b) whether it is believed that the company is, or is likely to become, unable to pay its debts and the grounds of that belief;

(c) which of the purposes specified in section 8(3) of the Act of 1986 is expected to be achieved by the making of an administration order;

(d) the company’s financial position specifying, so far as known, assets and liabilities, including contingent and prospective liabilities;

(e) any security known or believed to be held by creditors of the company, whether in any case the security confers power on the holder to appoint a receiver, and whether a receiver has been appointed;

(f) so far as known to the petitioner, whether any steps have been taken for the winding up the company;

(g) other matters which, in the opinion of the petitioner, will assist the court in deciding whether to grant an administration order;

(h) whether an independent report on the affairs of the company has been prepared under rule 2.1 of the Insolvency Rules and, if not, an explanation why not; and

(i) the name and address of the person proposed to be appointed, and his qualification to act, as administrator.

(2) Where a report has been prepared under rule 2.1 of the Insolvency Rules, a copy of that report shall be lodged with the petition.