Types of Corporate Entity on which a Statutory Demand may be Served

A statutory demand can be served on a company within the winding up jurisdiction of the courts of England and Wales.

The jurisdiction of the courts in respect of winding up companies (and therefore statutory demands) extends to:

  1. Any company registered in England and Wales (including a Limited Liability Partnership – Section 117(1) of the Insolvency Act 1986.
  2. A company whose centre of main interest is situated in England and Wales pursuant to Article 3(1) of the EC Regulation on Insolvency Proceedings.  Then 1346/2000 (EC Insolvency Regulation).
  3. An unregistered company which includes a foreign company pursuant to Section 221(1) of the Insolvency Act 1986.  The rules relating to an unregistered company are quite complex and Section 220(1) of the Insolvency Act 1986 and are set out below for ease of reference.

The above are the main companies within the jurisdiction of the English courts and against whom statutory demands can be served.  In reality, statutory demands are normally used against a limited company in the classic sense.

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