A winding up order for non payment of taxes can be frightening. But there are always things which can be done - negotiated settlements, company restructuring, disputing the claim, seeking business funding or applying for a validation order as just some of the choices. Let our experts help.
When an HMRC winding up petition is issued, the court will insert on the formal legal document a date at which the winding up petition will be heard in court. This is normally on the second page of the winding up petition document which you will be served with.
Depending on what happens between the date of service of the petition and the hearing, different consequences and actions may happen at that winding up hearing.
- if the winding up petition debt has been paid then you may need representation to attend the hearing to ensure that the winding up petition order is dismissed.
- If you are in negotiations with HMRC for repayment of the debt, then attendance at the winding up court is required to ensure the appropriate adjournment of the winding up petition (i.e. postponement) is agreed.
- If the winding up petition is disputed, then attendance at court will be required to ensure that the winding up petition is listed for a longer hearing date and the proper process is put in place for that.
Ultimately, if the petition debt is not paid, then HMRC (if they have followed all their other processes on the winding up petition procedure), can attend court and ask for the company to be wound up.
At Francis Wilks & Jones we can attend court at very short notice (and deal with virtual hearings online). If we need to attend in person, we are only a stone’s throw from the Companies court in London and can attend court to make the appropriate representations for you should you require this. It is always important to have a barrister fighting your corner and to make sure that any agreed procedures are then followed through with HMRC. We have the expertise to deal with winding up petition court hearings and all the relevant winding up court procedures.
Get it wrong and your company could be wound up. We can help you avoid this.
Francis Wilks & Jones is the county’s leading firm of HMRC winding up petition solicitors. We are experts in what we do and regularly deal with HMRC on behalf of companies which have received winding up orders. Our knowledge of the winding up petitions is second to none and our results excellent. Whatever your HMRC winding up petition enquiry, we can assist. If you need wider company rescue advice – we can help with that too.
FWJ exceeded my expectations by not only avoiding an order for my disqualification as a director but also negotiating a complete withdrawal of the prosecution. This has been such a relief and weight off my mind after many years and I am very grateful to them. I strongly recommend instructing them at the very earliest opportunity. Timely advice, realistic expectations, prioritisation and logical legal presentation were key.A Director we successfully advised in a claim