Witness statement in support of an application for a scheme of arrangement

Published by a LexisNexis Restructuring & Insolvency expert
Precedents

Witness statement in support of an application for a scheme of arrangement

Published by a LexisNexis Restructuring & Insolvency expert

Precedents
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On behalf of: Applicant

By: [insert name]

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] [IN [INSERT LOCATION]]

[ Insolvency AND COMPANIES LIST (ChD)]

OR

[IN THE COUNTY COURT AT [INSERT LOCATION]]

[BUSINESS AND PROPERTY COURTS LIST]

OR

[ IN THE HIGH COURT OF JUSTICE

[CHANCERY DIVISION]

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], [insert role/job title] of [insert company name] of [insert address] Do state as follows:

    1. 1

      Introduction

      I am the [insert role or job title] of [insert company name] (the Company), having been appointed on [insert date]. I have been the officer of the Company most closely connected with the proposal that is the subject of this witness statement. The facts and matters to which I refer in this witness statement are either within my own knowledge and are true, or derived

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Jurisdiction(s):
United Kingdom
Key definition:
Scheme of Arrangement definition
What does Scheme of Arrangement mean?

A formal arrangement in the UK between the company and its creditors and/or its members (or a class of its creditors or members) pursuant to Part 26 of the Companies Act 2006 (CA 2006) (otherwise known as a scheme or Part 26 Scheme) which is sanctioned by court. The voting threshold for approval of the scheme is 75% by value and a majority in number of creditors (or members) or any class thereof voting in person or by proxy at each of the scheme meetings. This voting majority means that dissenting creditors can be easily crammed down.

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