(1) Where an application is made under Chapter 1 or 2 a director of the migrating body or ICAV making the application shall make a statutory declaration, in such form as may be specified by the Bank, stating that he or she has made a full inquiry into its affairs and has formed the opinion that the migrating body or ICAV is able to pay its debts (being the debts identified for the purposes of subsection (2)(b)) as they fall due.
(2) A declaration under subsection (1) shall have no effect for the purposes of this Chapter unless -
(a) it is made not more than 28 days before the date on which the application is made to the Bank,
(b) it contains a statement of the migrating body’s or ICAV’s assets and liabilities as at the latest practicable date before the date of the making of the declaration and in any event at a date not more than 3 months before the date of that making, and
(c) a report made by an independent person under subsection (3) is attached to the declaration, along with a
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