HomeFWJ TakeawayResourcesPublic interest winding up petition – what can a company do?

Our expert team regularly defend public interest winding up petitions and can help get them dismissed from court. If a company has been wound up in the public interest, our team can help defend any director disqualification proceedings which will inevitably follow. Let our team help you avoid the worst consequences of a public interest petition.

If the company wishes to defend the winding up petition, they will need to file strong evidence in opposition to the winding up petition.

As stated above, the evidence in support of the public interest winding up petition from the Secretary of State is likely to be substantial, so the company will need to address every point of the evidence against it and in particular, address the grounds of the public interest winding up petition against it.

Amongst the grounds for petition often cited by the Secretary of State are the following:

  • lack of commercial probity;
  • abandonment of scheme;
  • no recourse for investors;
  • failure to co-operate with investigations;
  • deliberately misleading investigators;
  • misleading marketing or advertisements;
  • filing false financial statements;
  • failure to comply with the requirements of the Companies Act 2006 regarding the accounts and the maintenance of proper accounting records;
  • lack of transparency;
  • targeting of vulnerable investors.

At Francis Wilks and Jones, we have experience in helping companies to defend public interest winding up petitions. Our solicitors can advise a company through each stage of the process and we have excellent relationships with counsel who are also needed to help defend public interest winding up petitions. Don’t delay, call us today.

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