The following Restructuring & Insolvency Q&A produced in partnership with Philip Patterson of Gatehouse Chambers provides comprehensive and up to date legal information covering:
Statutory declarations are a necessary part of insolvency proceedings, most commonly where a company enters members’ voluntary liquidation (MVL) (see section 89 of the Insolvency Act 1986 (IA 1986)) and where a company enters administration (see the Insolvency (England and Wales) Rules 2016 (IR 2016), SI 2016/1024, r 3.17).
Section 20 of the Statutory Declarations Act 1835 (SDA 1835) prescribes the form of the statutory declaration to be given is as set out in the SDA 1835, Sch. Although this gives the form of words to be used, it makes no other prescription as to the formal requirements to be followed. The practice in this area is, therefore, largely customary. Custom dictates that the person giving the statutory declaration and the solicitor administering in it are in the same place, typically the solicitor’s office.
Prior to 25 March 2020, the Law Society website displayed a guidance in response to a question asking, ‘Can a statutory declaration be taken by Skype?’. That guidance suggested that there was nothing in the case law or legislation which prevented the use of such technology but noted that customarily the declarant and the solicitor administering the statutory declaration would be physically proximate. This guidance was removed on 25 March 2020 although future guidance is anticipated.
In an insolvency context,
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