The Insolvency Amendment Rules 2010.
The Insolvency Amendment Rules 2010 came into force 6th April 2010.
For UK Process Servers this involves changes to Witness statements regarding the service of Insolvency documents.
Further to the recent amendments to the Insolvency Rules which commenced from 6th April 2010, Arkline can confirm the following:
(1) These changes only affect: Statutory Demands (SD), Bankruptcy Petitions (BP), Winding Up Petitions (WP).
(2) To date 3 forms have been designed by the insolvency service to take into account these changes. They are:
Certificate of Personal Service of SD - Form 6.11. Go to: http://www.insolvency.gov.uk/forms/ew/form6-11.doc .
Certificate of Personal Service of BP - Form 6.17a. Go to: http://www.opsi.gov.uk/si/si2010/uksi_20100686_en_15 and scroll down to Form 6.17a.
Certificate of Substituted Service of BP - Form 6.18a . Go to: http://www.opsi.gov.uk/si/si2010/uksi_20100686_en_15 and scroll down to Form 6.18a.
If you have located more please feel free to contact us.
(3) In summary, Certificates are now required rather than Witness Statements of Service, please title your certificate as a Certificate rather than a Statement. Replace the word Statement in body of text with Certificate. Please refer in your exhibit to a Certificate rather than a Statement. Please refer to documnets in exhibit as ''A'' rather than ''PB1'' (initials)
The following Statement of truth is required at the end of the certificate rather than just the previous signature and date:
Statement of truth
I believe that the facts stated in this Certificate are true.
Full name ………………………………………………………..
Signed…………………………………………………………….
Dated……………………………………………………………..
You can view all the amendments on the following link: http://www.opsi.gov.uk/si/si2010/uksi_20100686_en_1
If you would like to add any new information or discuss further then please do not hesitate to contact Pauline Belt on 01937 831290
Written by Arkline, Process Servers and Tracing Agents to the Legal & Debt Profession.
News article posted on 14 April 2010