statutory declaration meaning

Background Statutory declarations form an essential component of insolvency processes, arising most frequently when a company proceeds by members’ voluntary liquidation (MVL) under section 89 of the Insolvency Act 1986 (IA 1986), and also when administration is commenced by an out-of-court appointment in accordance with the Insolvency (England and Wales) Rules 2016 (IR 2016), SI 2016/1024, r 3.17. Section 20 of the Statutory Declarations Act 1835 (SDA 1835) sets out the required form of the declaration, as contained in the Schedule to that Act. Under SDA 1835, s 19, a fee is payable, the amount of which is fixed by the Commissioners for Oaths (Fees) Order 1993, SI 1993/2297. The fee is £5 for taking an affidavit, declaration, or affirmation, together with an additional £2 for each exhibit referred to therein that must be marked, or for every schedule that is required to be marked. Save for prescribing the template of the statutory declaration and making provision for the relevant fees, no further formal requirements are stipulated. Accordingly, the...

Where it is proposed to wind up a solvent company voluntarily When a solvent company is to be wound up voluntarily, the directors may, at a board meeting, make a statutory declaration of solvency confirming that, after a full enquiry into the company’s affairs, they hold the view the company can pay all its debts in full, together with interest at the official rate, within no more than 12 months from the commencement of the winding-up. See Practice Notes: What is a members’ voluntary liquidation and when is it typically used? MVL—the information and documents to be provided to the liquidator by the company It should be noted that if the directors make such a statutory declaration, the company proceeds by way of a members’ voluntary liquidation (MVL). Where no declaration is made, the company instead enters a creditors’ voluntary liquidation. See Practice Notes: Placing a company into MVL What is a statutory declaration of solvency...

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In this issue: Intellectual property Medicines advertising Medical devices Data protection in life sciences Pharmaceuticals—regulatory framework Research and development Daily and weekly news alerts New and updated content Dates for your diary Trackers Useful information Intellectual property Ian Jones, partner at Gill Jennings & Every LLP, reviews upcoming changes to UK marketing authorisations (MAs) and supplementary protection certificates (SPCs) following the UK Intellectual Property Office’s statutory guidance on SPCs for medicines, set to apply from 1 January 2025. On 31 October 2024, the UK IPO issued guidance detailing significant updates to MAs for medicines in the UK, grounded in the Windsor Framework, which will come into force on 1 January 2025. These reforms will influence existing and prospective SPCs, as well as the types of authorisation used to support SPC applications. See News Analysis: Changes to marketing authorisations and SPCs in the UK. The Patents Court has revoked two mRNA patents related...

Restructuring & Insolvency weekly highlights—7 March 2024 In this issue: Key R&I developments Security review Corporate insolvency processes Personal insolvency Property insolvency Restructuring The office-holder Financial institutions International restructuring and insolvency Daily and weekly news alerts Key dates for R&I professionals New content Key R&I developments Spring Budget 2024—key Restructuring & Insolvency announcements In the Spring Budget 2024, on 6 March 2024, the Chancellor of the Exchequer, the Rt Hon Jeremy Hunt MP, confirmed the scrapping of the administration fee for debt relief orders (DROs). See: LNB News 06/03/2024 89. Economic Crime and Corporate Transparency Act 2023 (Commencement No 2 and Transitional Provision) Regulations 2024 SI 2024/269 Certain provisions of the Economic Crime and Corporate Transparency Act 2023 (ECCTA 2023) come into force on 4 March 2024, 5 March 2024, and 26 April 2024. Of those commencing this week, matters of note for R&I lawyers: (i) refine the...

The resolution to wind-up A company can move into voluntary liquidation only if one of the following applies: its fixed duration has ended, or an event specified in its articles as triggering liquidation has occurred, and the company has approved an ordinary resolution to wind up; or it passes a special resolution to be wound up voluntarily. See: 97 Notice of meeting to pass ordinary or special resolution to wind up: Encyclopaedia of Forms and Precedents [1441] 103 Special resolution to wind up and appoint liquidator: Encyclopaedia of Forms and Precedents [1452] The former practice of proceeding by extraordinary resolution is no longer available under the Companies Act 2006. Where the directors make a declaration of solvency under section 89 of the Insolvency Act 1986 (IA 1986), the company may proceed by way of a members’ voluntary liquidation (MVL). For further information, see Practice Note: What is a members’ voluntary liquidation and when is...

Under the Insolvency Act 1986 (IA 1986), a company director commits a criminal offence by making a statutory declaration that a company is solvent without reasonable grounds. The case can be tried in either the magistrates' court or the Crown Court...

This Practice Note examines the statutory right to paid time off for antenatal care for pregnant employees and agency workers This Practice Note considers the statutory entitlement under the Employment Rights Act 1996 (ERA 1996). An employer—or, where relevant, a temporary work agency or hirer—must not unreasonably prevent a pregnant employee, or a pregnant agency worker, from taking time away from work to attend antenatal appointments for antenatal care. Such time off for antenatal appointments must be paid. There is also a distinct entitlement to unpaid time off during working hours to accompany a pregnant woman to an antenatal care appointment: see The right to time off to accompany to antenatal appointments, below. Comparable provisions apply for time off to attend adoption appointments—see Practice Note: Time off work for adoption appointments. Certain categories are excluded from these rights: share fishermen and fisherwomen and certain other mariners, as well as those employed in ‘police service’ (as defined). For a sample policy addressing time off for antenatal appointments, see...

By [name of granter] In support of [names(s) of Attorney(s)] (Continuing and Welfare Attorney(s)) [ year ] [ Agent details ] Reference: [ ...

I, [ name ], of [ address ], do solemnly and sincerely state that: [ I have worked for [ name of owner ] (‘the Owner’) for [ number ] years. During the past [ number ] years I have occupied the role of [ description ]. I am completely familiar with the matters addressed in this statutory declaration. OR I am [ a partner in OR employed by ] [ name of firm ], a practice of [ chartered ] surveyors which, since [ date ], has been continuously engaged by [ name of owner ] (‘the Owner’) to [ manage and act as agent OR collect the rents and other income and pay the outgoings OR [ other ] ] for the Owner in connection with the Property (as defined below). I have personally [ carried out AND/OR supervised ] that work since [ date ]. I am thoroughly acquainted with the matters addressed in this statutory declaration. ] The Owner is the [...

I, [ name ], of [ address ], do solemnly and sincerely declare as follows: 1 Following a transfer dated [ date ] between (1) [ name of seller ] and (2) myself [ and my [ wife OR husband OR [ other ] ] ], [ I OR we ] obtained the freehold land (‘the Red Land’), registered under title number [ title number of declarant’s property ] and identified [ edged OR coloured OR hatched ] red on the plan now produced and shown to me and marked ‘1’, which is attached to this declaration (‘the Plan’). The Red Land consists of the house and garden situated at [ address or other description ]. On the date the transfer completed, [ I OR we ] took possession of the Red Land and have remained in continuous possession ever since. Shortly after completion, [ my OR our ] solicitors also submitted an application for [ me OR us ] to be registered as proprietor [ s ]...

Under Part II of the Landlord and Tenant Act 1954 (LTA 1954), security of tenure covers most business leases, save where the parties have ‘contracted out’ of those rights. Section 38A of the LTA 1954 permits landlord and tenant to agree that security of tenure will not apply. To make the agreement effective, the parties must comply with the contracting-out process specified in LTA 1954, s 38A(3) and Regulatory Reform (Business Tenancies) (England & Wales) Order 2003 (RRO 2003), SI 2003/3096, Sch 2...

Background A statutory declaration is a solemn, formal affirmation of fact made other than for judicial proceedings. In practical application, the making of a statutory declaration is a recognised means of proving or evidencing matters of fact, and it is employed in non‑litigious proceedings, where, for those purposes, it fulfils the same role as affidavits do in litigious proceedings. Making a declaration We have been unable to identify any authority suggesting that statute sets restrictions on the person who may make a declaration...

For this Q&A, it is assumed that: the landlord’s warning notice was validly served the tenant’s statutory declaration was duly sworn (not merely signed) the lease is unregistered and not required to be registered Validity of the lease By virtue of section 52 of the Law of Property Act 1925 (LPA 1925), any conveyance of land, or any interest in it, is ineffective to convey or create a legal estate unless executed as a deed. That section contains a number of exceptions, including a lease granted for a term of less than three years. See Commentary: Leases which are not effective to create a legal estate: Halsbury’s Laws of England [68]...