Witnessing a Statutory Declaration

[jsmith42]

I've dissolved my limited company and have written to the Bona Vacantia Treasury Solicitor to reclaim finds which were still in the bank account on the date of dissolution. I have received a reply saying that I need to make an amendment to the statutory declaration we sent. The original statutory declaration was signed by all four members of the company in the presence of a solicitor. When having the amendment witnessed do we all need to meet with a solicitor again, or is it sufficient for me to see one alone?

James

[bwglaw]

You need to ask that solicitor if he/she will take instructions from you alone

[jsmith42]

Originally Posted by handsongroup

You need to ask that solicitor if he/she will take instructions from you alone

You mean the Bona Vacantia Treasury Solicitor?

[www.limeone.com]

The only job of the Bob Vacentia solicitor is to ensure funds get to those who have a claim on them. If at the time of dissolution there were 4 company directors or 4 shareholders and no other creditors of the company then a stat demand will need to be dealt with by all 4 agreeing to one or however many being provided with the released funds. It would be more prudent to clarify the ownership of the funds now and deal with the disposal in one document. In my view on what you are saying you will need all of the 4 to sign unless the original document allowed payment to just one.

[jsmith42]

Originally Posted by www.limeone.com

The only job of the Bob Vacentia solicitor is to ensure funds get to those who have a claim on them. If at the time of dissolution there were 4 company directors or 4 shareholders and no other creditors of the company then a stat demand will need to be dealt with by all 4 agreeing to one or however many being provided with the released funds. It would be more prudent to clarify the ownership of the funds now and deal with the disposal in one document. In my view on what you are saying you will need all of the 4 to sign unless the original document allowed payment to just one.

The original document does ask for payment to just me. Does this mean it's enough for me to go and have the amendment witnessed alone?

[bwglaw]

Originally Posted by jsmith42

The original document does ask for payment to just me. Does this mean it's enough for me to go and have the amendment witnessed alone?

Yes....

[Dr Lunnon]

they could insist on all four of you if they want to be fussy about it and they no doubt will be as the first has four signatures all need to agree any amendment.

kate