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LexisPSL Restructuring & Insolvency have worked in partnership with Phillip Patterson to create a new protocol for making and administering statutory declarations in insolvency proceedings by video conference. The protocol takes into account the Temporary Insolvency Practice Direction (TIPD) and assists practitioners with remote statutory declarations during the coronavirus (COVID-19) pandemic.
Statutory declarations are a necessary part of insolvency proceedings, most commonly where a company enters members’ voluntary liquidation (see section 89 of the Insolvency Act 1986 (IA 1986)) and where a company enters administration by an out-of-court appointment (see the Insolvency (England and Wales) Rules 2016 (IR 2016), SI 2016/1024, r 3.17). The wording required when making statutory declarations is governed by the Statutory Declarations Act 1835, but conduct for making and administering them is largely customary. That custom dictates that the person giving the statutory declaration and the solicitor administering in it are in the same place.
The TIPD expressly refers to statutory declarations made under IA 1986, Sch B1 ie in relation to the out-of-court appointment of administrators. However, there does not seem to be any principled basis for confining TIPD, para 9 to that specific use of a statutory declaration. It seems appropriate that the guidance given would be equally applicable to statutory declarations in other insolvency proceedings.
The use of technology provides several options for making a statutory declaration by video conference. The protocol provides alternative, hierarchical options for making and administering a statutory declaration by video conference. The options are not prescriptive or exhaustive; rather they suggest alternative methods of making the declaration.
Practitioners with access to LexisNexis can access the protocol by clicking on the link below:
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