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 the copies and send them back to the petitioning creditor. If the petition was filed electronically, only one sealed copy comes back. 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 is normally served at the company’s registered office, which you can find on the public register held by Companies House. If that is not practicable, it may instead be left at the company’s last known principal place of business in England and Wales, or served on the secretary, a director, a manager or a principal officer wherever they are found. At the registered office, you serve the petition by handing 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 no director, officer, employee or authorised person is at the registered office, the petition may be served by leaving it at or about the registered office where it is likely to come to the notice of someone attending. Posting the petition is not a permitted method unless the court directs it. Leaving it at the office can mean:
- Placing it on a table, desk, chair, floor or radiator at the registered office;
- Placing it on the receptionist’s desk.
If you know that the debtor company is in voluntary liquidation, has an administrative receiver, is in administration or has a company voluntary arrangement in force, you must also deliver a copy of the winding up petition to the relevant office-holder within three business days after the day it is served on the company. That means the:
- Administrator
- Administrative receiver
- Voluntary liquidator
- Supervisor of a voluntary arrangement
The certificate of service
After service, the petitioner files a certificate of service at court, verified by a statement of truth, confirming that the petition has been served. Under the Insolvency (England and Wales) Rules 2016, the certificate of service replaced the old affidavit of service. The certificate must identify the petition and specify the:
- Name and registered number of the company;
- Name of the petitioner;
- Court or hearing centre where the petition was filed, and the court reference number;
- Date of the petition;
- Whether the copy served was a sealed copy;
- Person or people served;
- Way the petition was served;
- Date when the petition was served.
The certificate of service is not the last step. Unless the court directs otherwise, the petitioner must then gazette notice of the petition at least seven business days after service and at least seven business days before the hearing. At least five business days before the hearing, the petitioner must also file a certificate of compliance giving the dates of presentation, hearing, service and notice. If the petitioner misses either step, the court may dismiss the petition.
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 0208 444 3400.