Rules 7.26 and 7.27 - Petition by office holder
Published date | 21 March 2018 |
Subject Matter | Bankruptcy and insolvency forms |
Office-holder’s Winding-Up Petition
Rules 7.26 and 7.27
Comp 7
For Court use |
Case No: |
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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]] |
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Insert name of company subject to the petition |
IN THE MATTER OF […] AND IN THE MATTER OF THE INSOLVENCY ACT 1986
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(a) Insert title of court or hearing centre as applicable |
THE COURT: (a) To
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(b) Insert the name and address of the company and the name of the office-holder presenting the petition |
THE PETITIONER: (b) The petition of [name of the company] (hereinafter called “the Company”), at [address], presented by [name of office-holder], (“the Office-Holder”) |
Give the identification details (including the nature of appointment held with respect to the Company) for the office-holder (see rules 1.6 and 7.27(2)(a) of the Insolvency (England and Wales) Rules 2016 (IR 2016)) |
ADDITIONAL INFORMATION: The Office-Holder is the [office held] of the Company, whose contact details are: [address] [email and or telephone number],
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The full name of the relevant court or hearing centre where the proceedings in which the office-holder is concerned (if different from above) (see rule 7.27(2)(b) of the IR 2016) |
The court [the hearing centre] in which the proceedings are being conducted or in which the documents relating to the proceedings are held is [OR is as stated at (a) above]. |
The case number of the proceedings in which the office-holder has been holding office (see rule 7.27(2)(c) of the IR 2016) |
The court case number of the proceedings is |
Inset the relevant date (see rule 7.27(2)(d) of the IR 2016) |
The date on which the office-holder commenced holding the above-stated office was [date of appointment etc.] |
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The Petition 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 IR 2016) |
THE COMPANY: (c) This petition relates to the Company, [re-enter name of 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:
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(g) Enter the aggregate value of the shares (see the PDIP above) |
(g) The aggregate nominal value of those shares is £
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(h) Enter amount of capital paid up or credited as such (see the 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 [NB In such a petition there are no paragraphs (j) or (k)] |
(i) The principal nature of the Company’s business is as follows:
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(l) Set out the grounds on which a winding-up order is sought |
THE GROUNDS & JURISDICTION: (l) The grounds on which the winding-up order is sought are:
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(m) Delete as applicable
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(m) The Company is/is not an undertaking within the meaning of Article 1.2 of the EU Regulation on Insolvency Proceedings.
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(n) Insert name of witness
Delete as applicable |
(n) For the reasons stated in the witness statement of [na... |
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