Following the making of a compulsory winding up order by the court
Produced in partnership with Eleanor Holland of 4 Stone Buildings and Karl Anderson of 4 Stone Buildings

The following Restructuring & Insolvency practice note produced in partnership with Eleanor Holland of 4 Stone Buildings and Karl Anderson of 4 Stone Buildings provides comprehensive and up to date legal information covering:

  • Following the making of a compulsory winding up order by the court

Following the making of a compulsory winding up order by the court

A company winding-up is deemed to have commenced at the date of the presentation of the winding-up petition.

There is no longer a prescribed form for a winding-up order, but Insolvency (England and Wales) Rules 2016 (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:

  1. identification details for the proceedings

  2. the name and title of the judge making the order

  3. the name and postal address of the petitioner

  4. the nature of the petitioner which entitles that person to present that petition (for example, the company, a creditor or a regulator)

  5. the date of the presentation of the petition

  6. an order that the company is wound up by the court under the Insolvency Act 1986 (IA 1986)

  7. a statement whether the proceedings are COMI proceedings, establishment proceedings, or proceedings to which Regulation (EU) 848/2015 of the European Parliament and of the Council of 20 May 2015 on insolvency proceedings (recast) as it has effect in the law of the United Kingdom does not apply

  8. an order that the petitioner’s costs (and those of other persons if applicable)

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