SCHEDULE 3: REQUIRED CONTENT FOR STATEMENT OF AFFAIRS
Note: See rules 2.2.2, 4.4.3, 5.5.3 and 5.50.2.
3.1. Required content for statement of affairs
A statement of a Company’s affairs must include particulars of the following matters:
- (a) the Company’s assets, divided into the categories that are appropriate for easy identification, with estimated values assigned to each category;
- (b) the extent (if any) to which the assets are secured in favour of creditors, with in each case particulars of the claim and its amount, and of how and when the Security Interest was created;
- (c) the nature and amount of the Company’s Liabilities;
- (d) amounts due to Preferential Creditors;
- (e) creditors who are, or claim to be, secured;
- (f) whether any and, if so, what guarantees have been given of the Company’s Debts by other Persons, specifying which (if any) of the guarantors are Persons connected with the Company;
- (g) the jurisdictions where assets of the Company are situated;
- (h) whether there are, to the knowledge of the Person or Persons preparing the statement, any circumstances giving rise to the possibility that, if the Company were to go into liquidation, claims may be made under section 96 (Transactions at undervalue), 97
(Preferences) or 99 (Invalid security interests) of the AIFC Insolvency Regulations;
- (i) the names and addresses of the Company’s Preferential Creditors, with the amounts of their respective claims;
- (j) the names and addresses of the Company’s secured creditors, with details of their
Security Interests, valuations of their Collateral, and information about the size of their respective claims;
- (k) the names and addresses of the Company’s unsecured creditors, with the amounts of their respective claims;
- (l) any Debts owed by or to the Company to or by Persons connected with it;
- (m) the names and addresses of the Company’s members, with details of their respective shareholdings.