Statement of undertakings and statement of truth
When making the application, the client must sign a Statement of Undertaking and a Statement of Truth to confirm they have understood the process and their legal obligations. See
Appendix 3 for the text of the statements.
The client and adviser may complete the Statement of Truth, Statement of Undertaking and Certificate for Sequestration electronically as long as an ‘averring statement’ is provided by the client. This statement must include the client’s full name, address and date of birth as well as a short statement giving the adviser authorisation to submit an application on their behalf.
Note: it is a criminal offence to make a false statement in these forms, to not disclose any material facts or make a material misstatement unless you can show that you did not know that statement was false and had no reason to believe it was false.
1ss8(4) or 218(1) and (2) B(S)A 2016 On summary conviction, you may be fined up to £5,000 or to imprisoned for a maximum of three months, or both.
If you deliberately do not disclose all relevant information or if you deliberately make a false statement when completing this form, you may become subject to bankruptcy restrictions. Therefore, the client has stated that they have been given advice and that they will comply with the trustee over the 48-month period following the award of bankruptcy. Ensure you point this out to the client before you make the application.