Rule 2.2 Insolvency Rules 1986

Rule 2.2 of the Insolvency Rules 1986 details the need for a Witness Statement to support the Administration Application, when filing in court.

 

In practice,this Witness Statement will be prepared by the proposed Administrator.

 

The actual wording of Insolvency Rule 2.2 is shown below in bold.

2.2 - Witness statement in support of administration application

 

(1) Where it is proposed to apply to the court for an administration order to be made in relation to a company, the administration application shall be in Form 2.1B and a witness statement complying with Rule 2.4 must be prepared, with a view to its being filed with the court in support of the application.


(2) If the administration application is to be made by the company or by the directors, the witness statement shall be made by one of the directors, or the secretary of the company, stating himself to make it on behalf of the company or, as the case may be, on behalf of the directors.


(3) If the application is to be made by creditors, the witness statement shall be made by a person acting under the authority of them all, whether or not himself one of their number. In any case there must be stated in the witness statement the nature of his authority and the means of his knowledge of the matters to which the witness statement relates.


(4) If the application is to be made by the supervisor of a voluntary arrangement under Part I of the Act, it is to be treated as if it were an application by the company.