Witness statement attaching report and meeting summary for restructuring plan

Published by a ½Û×ÓÊÓÆµ Restructuring & Insolvency expert
Precedents

Witness statement attaching report and meeting summary for restructuring plan

Published by a ½Û×ÓÊÓÆµ Restructuring & Insolvency expert

Precedents

On behalf of Applicant

By: [insert name]

Statement No 1

Exhibits [insert details]

Date: [insert date]

Filed: [insert date]

Court Reference No: [INSERT COURT REF. NUMBER]

[IN THE HIGH COURT OF JUSTICE]

[BUSINESS AND PROPERTY COURTS] [OF ENGLAND AND WALES] OR IN [insert location] OR

THE COUNTY COURT AT [insert location]

[BUSINESS AND PROPERTY COURTS LIST

In the matter of [insert Company name]

And

In the matter of the companies act 2006

Statement of

[Insert full name]

I, [Insert full name], of [insert firm/company name] of [insert address] Do state as follows:

    1. 1

      I am a [insert role/job title eg licensed Insolvency practitioner and Fellow of the Institute of Chartered Accountants of England and Wales] in the firm of [insert firm/company name]. [Insert

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Jurisdiction(s):
United Kingdom
Key definition:
Insolvency definition
What does Insolvency mean?

This can be defined by two alternative tests (Insolvency Act 1986, s 123):

• cash flow test: a company is solvent if it can pay its debts as they fall due, no matter what the state of its balance sheet (Re Patrick & Lyon Ltd [1933] Ch 786);

• balance sheet test: a company which can pay its debts as they fall due may be insolvent if, according to its balance sheet, liabilities (including contingent liabilities) exceed assets.

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