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:
This Practice Note sets out the consequences and effect of the making of a winding-up order by the court on a creditor’s winding-up petition.
On 6 April 2017, the Insolvency Rules 1986 (IR 1986), SI 1986/1925 were revoked and replaced by the Insolvency (England and Wales) Rules 2016 (IR 2016), SI 2016/1024.
This Practice Note sets out the position from 6 April 2017. It does not necessarily reflect the position pre 6 April 2017.
A company winding-up is deemed to have commenced at the date of the presentation of the winding-up petition. However, a winding-up petition will not be treated as having been presented until the court fee and official receiver’s deposit have been paid: see the Practice Direction on Insolvency Proceedings 2018 (PDIP), para 9.3.1.
There is no longer a standard form for a winding-up order, but IR 2016, SI 2016/1024, r 7.20 (and with different requirements in IR 2016, SI 2016/1024, r 7.32 in the event that the winding-up follows the cessation of an administrator’s appointment or where there is a company voluntary arrangement (CVA) supervisor in relation to the company) lists the following requirements:
identification details for the proceedings
the name and title of the judge making the order
the name and postal address of the petitioner
the nature of the petitioner which entitles
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