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Section 548 of Insolvency Act CAP 53: Person appointing administrator under section 541 to lodge certain documents with the Court

    

(1) A person who appoints an administrator of a company under section 541 shall lodge with the Court
—
(a) a notice of appointment that identifies the administrator;
(b) a statement by the administrator that complies with subsection (2);
(c) a statutory declaration by the person making the appointment that complies with subsection
(3); and
(d) such other documents, (if any) as may be prescribed by the insolvency regulations for the purposes of this section.
(2) A statement complies with this subsection if it—
(a) states that the administrator consents to the appointment;
(b) states that jn the administrator's opinion, the objective of the administration is reasonably likely to be achieved; and
(c) gives such other information and opinions (if any) as may be prescribed by the insolvency regulations for the purposes of this section.
(3) A statutory declaration complies with this subsection if it— (a) declares—
(i) that the declarant is entitled to make an appointment under section 541;
(ii) that the appointment is in accordance with this Part; and
(iii) that, so far as the declarant is able to ascertain, the statements made and information given in the statutory declaration lodged with the notice of intention to appoint remain accurate; and
(b) is made within such period as is prescribed by the insolvency regulations for the purposes of this subsection.
(4) For the purpose of a statement under subsection (2), an administrator may rely on information supplied by directors of the company, unless the administrator has reason to doubt its accuracy.
(5) Any person who fails to comply with subsection (1) commits an offence and is liable on conviction to a fine not exceeding five hundred thousand shillings.

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Disclaimer: This document is not to be taken as legal advise.

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