Once you have completed the winding up petition and presented it to the court, the court will then check the petition and the other documents you have provided. If it is satisfied, it will seal the petition and all copies and send them back to the petitioning creditor. The petition will contain the date and venue of the winding up hearing. It is then your job, or the job of an agent acting on your behalf, to serve the winding up petition on the debtor (the company that owes the money).
Serving the petition
The petition must be served at the company’s registered address, which you can find on the public register held by Companies House. To serve the petition you must hand it to a:
- Director, officer or employee of the company;
- Individual who is authorised to accept the petition on the company’s behalf (e.g. a solicitor or accountant);
- Person who is, in the server’s opinion, a director, officer or employee of the company.
If the petitioning company or an individual acting on its behalf cannot find one of the individuals listed above at the registered office, the petition can also be served by:
- Posting it to the company’s registered office;
- Placing it on a table, desk, chair, floor or radiator at the registered office;
- Placing it on the receptionist’s desk.
If the debtor company is currently undergoing an insolvency procedure, the winding up petition must also be sent to the:
- Administrative receiver
- Voluntary liquidator
- Supervisor of a voluntary arrangement
The certificate of service
The final step in the serving of a winding up petition is for the petitioner to file an affidavit (statement of truth) at court, known as a certificate of service, to verify that the petition has been served. The certificate of service must specify the:
- Name and registered number of the company;
- Name of the petitioner;
- Court where the petition is to be presented;
- Date of the petition;
- Whether the company was served with a sealed copy;
- Date when the petition was served.
Want to Talk?
If a winding up petition has been served on your company, the company is a very serious position and time is of the essence. We are happy to help you with this process, or to advise in situations where a validation order may be an appropriate option – simply call Simon Renshaw on 0208 444 3400 or email email@example.com.