The following Restructuring & Insolvency guidance note Produced in partnership with Eleanor Holland and Karl Anderson of 4 Stone Buildings provides comprehensive and up to date legal information covering:
STOP PRESS: The Corporate Insolvency and Governance Act 2020 contains provisions which, on a temporary basis (presently until 30 September 2020) impose significant limitations on the ability for a creditor to seek a winding-up order against a company. For further reading, see News Analysis: Corporate Insolvency and Governance Bill—temporary changes to winding-up petitions.
This Practice Note sets out the position from 6 April 2017. It does not necessarily reflect the position pre–6 April 2017.
This Practice Note gives guidance as to when to use a statutory demand:
the purpose of a statutory demand is to establish that a company is unable to pay its debts (rather than the creditor relying on s 123(1)(e) or s 123(2))
a statutory demand is a written demand in the prescribed form for a debt in excess of £750 which is served on a company by leaving it at the company’s registered office (section 123(1)(a) of the Insolvency Act 1986 (IA 1986)). This figure is not affected by the increase in the bankruptcy level for bankruptcy petitions from £750 to £5,000 that came into effect on 1 October 2015
if it remains unpaid and is not disputed the company is deemed to be unable to pay its debts and it gives a creditor the ability to present a winding-up
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