A statutory declaration of solvency is governed by the Statutory Declarations Act 1835.
All statutory declarations must contain the following wording:
“I (name)of (address) do solemnly and sincerely declare, that/as follows..
(Insert here the text setting out what you need to declare)
and I make this solemn declaration conscientiously believing the same to be true, and by virtue of the provisions of the Statutory Declarations Act 1835.
Declared at (leave blank for solicitor/commissioner to insert address
This of 2019 (leave date blank)
Before me…(leave blank for solicitor/commissioner to sign)”
Perhaps unsurprisingly, legislation made in 1835 did not make much provision for modern communication methods, but the declaration has to be “before” a solicitor, notary public, etc.
You would need to check with a lawyer whether the making of the Declaration of Solvency can be witnessed by Skype/Facetime etc. The lawyer is signing to say that he has witnessed the signature, so it will depend on how happy the lawyer is with the process. For example, if the connection is clear and uninterrupted, with enough picture quality to show what is being signed, and if the document is then forwarded for signature in a secure way (e.g. WhatsApp) and immediately, so that it cannot be changed in transit, then the lawyer might be happy. However, we have not seen it done before and it may be a step too far.
It will also be up to the lawyers and the director to decide how to make Declarations of Solvency when solicitors are working from home. They might be able to meet at the solicitor’s home, or at a neutral venue, and complete the documents while staying 2m apart. Alternatively, the solicitor might be happy to use the Skype/Facetime/WhatsApp approach discussed above. Another possibility is that since it is unlikely that all solicitors will work at home at once, unless there is a mandatory lock-down, the director should be able to find an alternative solicitor to use, either at the same firm, or at a different firm. However, it might be worth you contacting any local firms, to check what their approach is likely to be. They are likely to have to amend their plans as the situation develops, so set a diary reminder to check for changes approximately weekly.
Finally, remember that section 89(1) says that the declaration has to be made "at a directors' meeting", so there should be board minutes to evidence compliance with S89.
