Article 149A - Proving a debt
(1) A person claiming to be a creditor of a
Company and wishing to recover his debt in whole or in part must (subject to any order of the QFC Court to the contrary) submit his claim in writing to the officeholder.
(2) A creditor is referred to as "proving" for his debt and a document by which he seeks to establish his claim is his "proof".
(3) A proof must:
(A) be made out by, or under the direction of, the creditor and be authenticated by him or a person authorised on his behalf; and
(B) state the following matters;
(i) the creditor's name and address;
(ii) the total amount of the creditor's claim as at the date on which the
Company entered into administration or Liquidation as the case may be, less any payments made after that date in respect of the claim and any adjustment by way of set-off in accordance with Article 107;
(C) whether or not the claim includes outstanding uncapitalised interest;
(D) particulars of how and when the debt was incurred by the
(E) particulars of any
Security Interest held, the date on which it was given and the value which the creditor puts on it;
(F) details of any reservation of title in respect of any goods to which the debt refers; and
(G) the name, address and authority of the person authenticating the proof (if other than the creditor himself).
(4) There shall be specified in the proof details of any documents by reference to which the debt can be substantiated, but it is not essential that such document be attached to the proof or submitted with it.
(5) The officeholder may call for any document or other evidence to be produced to him, where he thinks it necessary for the purpose of substantiating the whole or any part of the claim made in the proof.
(6) Where an administration is immediately preceded by a winding up, or vice versa, a creditor providing in one is deemed to have proved in the other.