It is vital to make sure the winding up petition and supporting witness statement is properly drafted in accordance with the court rules. Get this wrong and the petition could be invalidated and struck out - leading to possible heavy costs orders against the petitioner. Our team can help you avoid mistakes.
The drafting process for a winding up petition is a complex one. A series of detailed information must be included accurately in the petition in order for it to be issued.
One drafting mistake could invalidate the petition. Or worse still – lead to a costs order against you. Our team can help you avoid mistakes
We would strongly recommend that you avoid having a go and drafting the winding up petition yourself. This really is one area where expert advice can bring significant benefits and massively cut down on risk.
Matters to be included in a petition are set out in Rules 7.5 of the Insolvency (England and Wales) Rules 2016
1. The petition must contain—
(a) the name of the court (and hearing centre if applicable);
(b) the name and address of the petitioner;
(c) identification details for the company subject to the petition;
(d) the company’s registered office (if any);
(e) the date the company was incorporated and the enactment under which it was incorporated;
(f) the total number of issued shares of the company and the manner in which they are divided up;
(g) the aggregate nominal value of those shares;
(h) the amount of capital paid up or credited as paid up;
(i) a statement of the nature of the company’s business if known;
(j) the grounds on which the winding-up order is sought;
(k) where the ground for the winding-up order is section 122(1)(a), a statement that the company has by special resolution resolved that the company be wound up by the court and the date of such resolution;
(l) where the ground for the winding-up order is section 122(1)(f) or 221(5)(b) and a statutory demand has been served on the company, a statement that such a demand has been served and the date of service and that the company is insolvent and unable to pay its debts;
(m) a statement whether the company is an Article 1.2 undertaking;
(n) a statement whether the proceedings will be main, secondary, territorial or non-EC proceedings and that the reasons for so stating are given in a witness statement;
(o) a statement that in the circumstances it is just and equitable that the company should be wound up;
(p) a statement that the petitioner therefore applies for an order that the company may be wound up by the court under the Act, or that such other order may be made as the court thinks just;
(q) the name and address of any person on whom the petitioner intends to serve the petition; and
(r) the contact details of the petitioner’s solicitor (if any).
2. The petition must also contain a blank box for the court to complete with the details of the venue for hearing the petition.
Matters to be included in the verification of a petition are set out in Rules 7.6 of the Insolvency (England and Wales) Rules 2016
1. The petition must be verified by a statement of truth.
2. Where the petition is in respect of debts due to different creditors then the debt to each creditor must be verified separately.
3. A statement of truth which is not contained in or endorsed upon the petition must identify the petition and must contain—
(a) identification details for the company;
(b) the name of the petitioner; and
(c) the name of the court (and hearing centre if applicable) in which the petition is to be presented.
4. The statement of truth must be authenticated and dated by or on behalf of the petitioner.
5. Where the person authenticating the statement of truth is not the petitioner, or one of the petitioners, the statement of truth must state—
(a) the name and postal address of the person making the statement;
(b) the capacity in which, and the authority by which, the person authenticates the statement; and
(c) the means of that person’s knowledge of the matters verified in the statement of truth.
6. If the petition is based on a statutory demand, and more than four months have elapsed between the service of the demand and the presentation of the petition, a witness statement must explain the reasons for the delay.
7. A statement of truth verifying more than one petition must include in its title the names of the companies to which it relates and must set out, in relation to each company, the statements relied on by the petitioner; and a clear and legible photocopy of the statement of truth must be filed with each petition which it verifies.
8. The witness statement must give the reasons for the statement that the proceedings will be main, secondary, territorial or non-EC proceedings.
Please contact one of our friendly expert winding up petition solicitors now for your consultation. At Francis Wilks & Jones, we have a team of dedicated winding up petition exerts ready to take your call. Whatever your question, we can help you.