Section 455 CAMA 2020

Section 455 Companies and Allied Matters Act is about Notice of appointment. It is under Chapter 18 (Administration of companies: nature of administration) of the Act.

(1) A person who appoints an administrator of a company undersection 452 of this Act shall file with the Commission—

(a) a notice of appointment ; and

(b) such other documents as may be prescribed.

(2) The notice of appointment shall include a statutory declaration by or on behalf of the person who makes the appointment that—

(a) the person is the holder of a floating charge in respect of thecompany’s property ;

(b) each floating charge relied on in making the appointment is or was enforceable on the date of the appointment ; and

(c) the appointment is in accordance with this Chapter and generally with this Act.

(3) The notice of appointment shall identify the administrator and be accompanied by a statement by the administrator—

(a) that he consents to the appointment ;

(b) that in his opinion, the purpose of administration is likely to be achieved ; and

(c) giving such other information and opinions as may be prescribed.

(4) The administrator may at his discretion elect to apply for further discretion or relief.

(5) For the purpose of a statement under subsection (3), an administrator may rely on information supplied by directors of the company, unless he has reason to doubt its accuracy.

(6) The notice of appointment and any document accompanying it shall be in the prescribed form.

(7) A statutory declaration under subsection (2) shall be made during the prescribed period.

(8) A person commits an offence, if in a statutory declaration under subsection (2), he makes a statement which—

(a) is false ; and

(b) he does not reasonably believe to be true.