The Insolvency (England and Wales) Rules 2016

Statement of affairs (section 2(3))E+W

This section has no associated Explanatory Memorandum

2.6.—(1) The statement of the company's affairs required by section 2(3) must contain the following [F1and, in addition, where paragraph (1B) applies, the information specified in that paragraph]—

(a)a list of the company's assets, divided into such categories as are appropriate for easy identification, and with each category given an estimated value;

(b)in the case of any property on which a claim against the company is wholly or partly secured, particulars of the claim, and of how and when the security was created;

(c)the names and addresses of the preferential creditors, with the amounts of their respective claims;

(d)the names and addresses of the unsecured creditors with the amounts of their respective claims;

(e)particulars of any debts owed by the company to persons connected with it;

(f)particulars of any debts owed to the company by persons connected with it;

(g)the names and addresses of the company's members, with details of their respective shareholdings; and

(h)any other particulars that the nominee in writing requires to be provided for the purposes of making the nominee's report on the proposal to the court.

[F2(1A) Paragraph (1B) applies if a moratorium under Part A1 of the Act is, or has been, in force for the company at any time within the period of 12 weeks ending with the day on which the statement of affairs is made up.

(1B) Where this paragraph applies the statement of affairs must identify which of the debts owed by the company are—

(a)moratorium debts, and

(b)priority pre-moratorium debts,

within the meaning given by section 174A; and

(c)sub-paragraph(1)(c) has effect as if the reference to preferential creditors included references to moratorium debts and priority pre-moratorium debts within the meaning given by section 174A]

(2) The statement must be made up to a date not earlier than two weeks before the date of the proposal.

(3) However the nominee may allow the statement to be made up to an earlier date (but not more than two months before the date of the proposal) where that is more practicable.

(4) Where the statement is made up to an earlier date, the nominee's report to the court on the proposal must explain why.

(5) The statement of affairs must be verified by a statement of truth made by the proposer.

(6) Where the proposal is made by the directors, only one director need make the statement of truth.

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