The Payment and Electronic Money Institution Insolvency (England and Wales) Rules 2021

Verification, filing and statement of concurrence

21.—(1) The statement of affairs must be verified by a statement of truth by the nominated person.

(2) The administrator may require any relevant person to submit a statement of concurrence.

(3) Where the administrator requires a statement of concurrence, the nominated person making the statement of affairs must be informed of that fact.

(4) The nominated person must deliver the statement of affairs together with the statement of truth, together with a copy, to the administrator.

(5) The nominated person must also deliver a copy of the statement of affairs to every person who has been required to submit a statement of concurrence.

(6) The relevant person required to submit a statement of concurrence must deliver the statement of concurrence together with a copy before the end of the period of five business days (or such other period as the administrator may agree) beginning on the day on which the statement of affairs being concurred with is received by that relevant person.

(7) A statement of concurrence—

(a) must identify the institution, and

(b) may be qualified in respect of matters dealt with by the statement of affairs, where the relevant person making the statement of concurrence-

(i) is not in agreement with the nominated person,

(ii) considers the statement of affairs to be erroneous or misleading, or

(iii) is without the direct knowledge necessary for concurring with it.

(8) Subject to paragraph (9) and rule 22, the administrator must as soon as is reasonably practicable deliver a copy of the statement of affairs and any statement of concurrence to the registrar of companies and file them with the court.

(9) The administrator must not deliver to the registrar of companies with the statement of affairs and any statement of concurrence any schedule required by rule 19(5)(b) or rule 20(3)(a).