Apply to wind up a company that owes you money

Published date21 March 2018
Insolvency Form 4.2

Winding-Up Petition

Rule 7.5

COMP 1

For Court use

Case No:

Delete/ complete as necessary:

(a) High Court, London

(b) High Court B&PCs DR

(c) Non-B&PCs DR

(d) County Court

[a]

[b]

[c]

[d]

[IN THE HIGH COURT OF JUSTICE

BUSINESS AND PROPERTY COURTS OF ENGLAND AND WALES

INSOLVENCY AND COMPANIES LIST (ChD)]

[IN THE HIGH COURT OF JUSTICE

BUSINESS AND PROPERTY COURTS IN [location]

INSOLVENCY AND COMPANIES LIST (ChD)]

[IN THE HIGH COURT OF JUSTICE

CHANCERY DIVISION

[location] DISTRICT REGISTRY]

[IN THE COUNTY COURT AT [location]]

Insert name of company subject to the petition

IN THE MATTER OF […]

AND IN THE MATTER OF THE INSOLVENCY ACT 1986

(a) Insert title of court or hearing centre as applicable

THE COURT:

(a) To

(b) Insert full name(s) and address(es) of petitioner(s)

THE PETITIONER:

(b) The petition of

shows as follows:

(c) Insert full name and registered no. (if any) and/or other required identification details of company subject to the petition (see also rule 1.6 of the Insolvency (England and Wales) Rules 2016 (IR 2016))

THE COMPANY:

(c) This petition relates to

(hereinafter called “the Company”).

The registered number of the Company is

[or other identification details]

(d) Insert address of registered office or other address as required (see also rule 1.6 of the IR 2016)

(d) The registered office of the company is at

[or other required address if no registered office]

(e) Insert date of incorporation and the enactment (as applicable); delete where necessary

(e) The Company was incorporated on

under the Companies Act [2006] [or as may be]

(f) Enter the total number of shares and the manner in which they are divided up.

See also para 11.2(5) of the Practice Direction on Insolvency Proceedings (PDIP).

Modify if Company limited by guarantee.

(f) The total number of issued shares of the Company is

Which are divided up as follows:

(g) Enter the aggregate value of the shares (see the PDIP above)

(g) The aggregate nominal value of those shares is £

(h) Enter amount of capital paid up or credited as such (see PDIP above)

(h) The amount of the capital paid up or credited as paid up is £

(i) Insert the nature of the Company’s business (if known); see also para 11.2(6) of the PDIP

(i) The principal nature of the Company’s business is as follows:

(j) Set out the grounds on which a winding-up order is sought

THE GROUNDS & JURISDICTION:

(j) The grounds on which the winding-up order is sought are:

(k) Where the ground is section 122(1)(a) of the Insolvency Act 1986 (IA 1986)

(Delete if not applicable)

[(k) The Company has by special resolution dated [date]

resolved that the company be wound up by the court.]

(l) Where the ground is sections 122(1)(f) or 221(5)(b) of the IA 1986

(Delete if not applicable)

If more than 4 months have elapsed, this must be explained

[(l) Pursuant to Schedule 10 to the Corporate Insolvency and Governance Act 2020 the company is insolvent and unable to pay its debts and the petitioner has reasonable grounds for believing that coronavirus has either,

- not had a financial effect on the company, or

- had a financial effect on the company but the company would still have been insolvent and unable to pay its debts in any event.

The grounds relied upon by the petitioning creditor for the purposes of the coronavirus test are as follows: [ ].

[More than 4 months have elapsed between the service of the statutory demand and the presentation of this petition; the reasons for such delay are set out in the witness statement of [name]

filed in support hereof.]

(m) Delete as applicable

(m) The Company is/is not an undertaking within Article 1.2 of the EU Regulation on Insolvency Proceedings.

(n) Insert name of witness

Delete as applicable.

(n) For the reasons stated in the witness statement of [name] filed in support hereof, it is considered that:

- the EU Regulation on Insolvency...

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