Responding to a creditor's petition: notice to appear at the hearing of a petition
| Author | Mark Watson-Gandy |
| Pages | 43-52 |
OBJECTIVE
On the day of the hearing, but before the petition is heard, the petitioner will need to file with the clerk of the court a list of names and addresses of people who intend to appear on the petition and whether they intend to support or oppose it.
Provided a notice has been served, the debtor company, contributories and creditors can be heard on the petition. If no notice of intention to appear has been given, then the list of appearances should state so, and the court will be entitled to proceed as if the petition is unopposed and a person who has failed to give notice of his intention to appear will not be heard without the court’s permission.
NOTICE OF INTENTION TO APPEAR
Form Comp 4. The notice must set out:
ƒ the name of the party on behalf of whom it is to be filed;
ƒ the address of the party on behalf of whom it is to be filed;
ƒ the telephone number of the party on behalf of whom it is to be filed or any other person authorised to speak on his behalf;
ƒ the reference of the party on behalf of whom it is to be filed or any other person authorised to speak on his behalf;
ƒ the name of any other person authorised to speak on his behalf;
ƒ whether he intends to support or oppose the petition;
ƒ the amount and nature of his debt (if any);
ƒ the number of his shares in the company (if any);
ƒ a statement that this notice relates to the matter of the petition;
ƒ the date of presentation of the petition;
ƒ the date of hearing of the petition;
ƒ the name of the petitioner;
ƒ the address of the petitioner;
44 Corporate Insolvency Practice
ƒ where the person giving notice is represented by a solicitor or agent:
– their name;
– their postal address;
– their telephone number;
– the reference number;
– their relationship with the person giving notice.
The notice must be authenticated and dated by the person giving the notice.
This [document] was received from [name of sender] and I have no reason to doubt the truth of the statement.
Where documents are authenticated on behalf of a body of persons or a company, the person authenticating must state what position he holds in relation to them.
SERVICE
The notice of intention to appear must be sent so as to reach the petitioner at the address of the petitioner or his solicitor shown on the advertisement or petition
not later than 4 pm on the business day before the hearing. For the computation of business days, Saturdays, Sundays, Good Friday, Christmas Day and bank holidays are excluded.
COMPANY’S EVIDENCE
The debtor company, if opposing the petition, should file and serve its witness statement in opposition to the petition not less than 5 days before the hearing.
This will need to address:
ƒ the name of the company;
ƒ the company’s registered address;
ƒ if the company is incorporated in England and Wales:
– the company’s registered number;
ƒ if the company is incorporated outside the United Kingdom:
– the country in which it is incorporated;
– the...
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