Q&As

If a company is no longer at its registered office, how do you serve a statutory demand on it?

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Published on LexisPSL on 05/02/2018

The following Restructuring & Insolvency Q&A provides comprehensive and up to date legal information covering:

  • If a company is no longer at its registered office, how do you serve a statutory demand on it?

If a company is no longer at its registered office, how do you serve a statutory demand on it?

For the purpose of answering this Q&A, we have not considered the methods available generally for the service of a statutory demand on a company (ie personal service, service by post etc).

A statutory demand is not a court document, and no application can, therefore, be made in relation to its service. For the rules on service, it is necessary to start with the insolvency legislation.

Section 122(1)(f) of the Insolvency Act 1986 (IA 1986) provides for one of the grounds by which a company may be wound up by the court—that the company is unable to pay its debts. The definition of ‘unable to pay its debts’ is then found in IA 1986, s 123, which includes at IA 1986, s 123(1)(a) where:

‘a creditor (by assignment or otherwise) to whom the company is indebted in a sum exceeding £750 then due has served on the company, by leaving it at the company's registered office, a written demand (in the prescribed form) requiring the company to pay the sum so due and the company has for 3 weeks thereafter neglected to pay the sum or to secure or compound for it to the reasonable satisfaction of the creditor’

That written notice is a statutory demand.

Therefore, IA 1986 provides for

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