Witness statement in support of the application
7.—(1) An application for an SMCL administration order must be accompanied by a witness statement which complies with this Rule
(2) The witness statement must state the nature of the authority of the person making it and the means of that person’s knowledge of the matters to which the witness statement relates.
(3) The witness statement must set out—
(a)the financial position of the SMCL, specifying, to the best of the applicant’s knowledge and belief, the SMCL’s assets and liabilities, including contingent and prospective liabilities;
(b)details of any security known or believed to be held by creditors of the SMCL 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 of Schedule B1 to the 1986 Act;
(c)a statement that an administrative receiver has been appointed if that is the case;
(d)details of any insolvency proceedings in relation to the SMCL including any petition that has been presented for the winding up of the SMCL so far as within the immediate knowledge of the applicant;
(e)details of any notice served in accordance with section 164 of the 2004 Act by any person intending to enforce any security over the SMCL’s assets, so far as within the immediate knowledge of the applicant;
(f)details of any step taken to enforce any such security, so far as within the immediate knowledge of the applicant;
(g)details of any application for permission of the court to pass a resolution for the voluntary winding up of the SMCL, so far as within the immediate knowledge of the applicant;
(h)where it is intended to appoint a number of persons as SMCL administrators, details of the matters set out in section 158(5) of the 2004 Act regarding the exercise of the powers and duties of the SMCL administrator; and
(i)any other matters which, in the opinion of those intending to make the application for an SMCL administration order, will assist the court in deciding whether to make such an order, so far as within the knowledge or belief of the applicant.