Article 12 - Contents of witness statement
(1) The witness statement shall state:
(A) the deponent's belief that the
Company is, or is likely to become, unable to pay its debts and the grounds of that belief; and
(B) which of the purposes specified in Article 7 is expected to be achieved by the making of an
(2) There shall in the witness statement be provided a statement of the
Company's financial position, specifying (to the best of the deponent's knowledge and belief) its assets and liabilities, including contingent and prospective liabilities.
(3) Details shall be given of any
Security Interest known or believed to be held by creditors of the Company and whether in any case the Security Interest is such as to confer power on the holder to appoint an Administrator.
(4) If any application has been made for the winding up of the
Company, details of it shall be given in the witness statement, so far as within the immediate knowledge of the deponent.
(5) If there are other matters which, in the opinion of those intending to make the application for an
Adminstration Order, will assist the QFC Court in deciding whether to make such an order, those matters (so far as lying within the knowledge or belief of the deponent) shall also be stated.
(6) If a report has been prepared for the
Company under Article 11, that fact shall be stated. If not, an explanation shall be provided why no such report has been prepared.