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Declaration of solvency requires statutory compliance; without it the declaration is ineffectual and departmental guidance applies. A declaration of solvency filed without compliance with the statute governing its formal requirements is without effect; such ineffectual declarations must be treated and processed under the departmental instructions applicable to defective or non filed declarations, so that statutory compliance is an essential precondition to the declaration's operative effect in a voluntary winding up.
Cases where this provision is explicitly mentioned in the judgment/order text; may not be exhaustive. To view the complete list of cases mentioning this section, Click here.
Provisions expressly mentioned in the judgment/order text.
Declaration of solvency requires statutory compliance; without it the declaration is ineffectual and departmental guidance applies.
A declaration of solvency filed without compliance with the statute governing its formal requirements is without effect; such ineffectual declarations must be treated and processed under the departmental instructions applicable to defective or non filed declarations, so that statutory compliance is an essential precondition to the declaration's operative effect in a voluntary winding up.
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