Scotland: compulsory liquidation
Produced in partnership with Kirsten Fleming of Addleshaw Goddard LLP
Scotland: compulsory liquidation

The following Restructuring & Insolvency guidance note Produced in partnership with Kirsten Fleming of Addleshaw Goddard LLP provides comprehensive and up to date legal information covering:

  • Scotland: compulsory liquidation
  • Brexit impact—cross-border insolvency (Insolvency (Amendment) (EU Exit) Regulations 2019, SI 2019/146)
  • What is compulsory liquidation and in what circumstances should this route be pursued?
  • Who can petition for the compulsory liquidation of a company and under what circumstances?
  • What entities can be wound-up in Scotland?
  • The process of obtaining a compulsory winding-up order
  • Petitions triggering caveats—caveat hearings
  • Disputed petitions where answers are lodged
  • The treatment of limited liability partnerships in compulsory liquidation
  • Summary

STOP PRESS: The Insolvency (Scotland) (Company Voluntary Arrangements and Administration) Rules 2018, SI 2018/1082 and Insolvency (Scotland) (Receivership and Winding up) Rules 2018, SSI 2018/347 come into force on 6 April 2019. The content of this Practice Note is under review and will be updated as appropriate shortly. In the meantime, for further information on the changes, see:

  1. •

    Insolvency (Scotland) (Company Voluntary Arrangements and Administration) Rules 2018, LNB News 15/10/2018 111

  2. •

    Insolvency (Scotland) (Receivership and Winding up) Rules 2018, LNB News 15/11/2018 7

  3. •

    New insolvency rules for Scotland—what the changes will mean

  4. •

    New changes under the Insolvency (Scotland) (Receivership and Winding up) Rules 2018

This Practice Note looks at compulsory liquidation in Scotland and sets out: (i) the entities that may apply for the winding-up of a company; (ii) the circumstances in which such an application may be made; and (iii) the process to be undertaken in seeking to obtain a winding-up order from the court. For a glossary of commonly used Scottish insolvency terms, see Practice Note: Glossary of Scottish insolvency words and expressions.

This Practice Note does not cover questions of jurisdiction under the Recast Regulation on Insolvency, Regulation (EU) 848/2015 (Recast Regulation on Insolvency)(see: Recast Regulation on Insolvency—overview), and assumes that the company is registered in Scotland, and has its centre of main interests (COMI) for those purposes in

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