204. Presentation and service of petition
Past version: effective from 14/06/2015 - 13/06/2015
To view other versions open the versions tab on the right
(1) A winding-up order may be made by the Court upon the presentation by any relevant person of a petition.
(2) The petition shall be filed in Court and served on the Company at its registered office (if the petitioner is not the Company).
(3) If the Company is a person authorised under the Financial Market Regulations and the petitioner is not the Financial Services Regulator, one copy must be sent by the petitioner to the Financial Services Regulator.
(4) If any Office-holder has been appointed in respect of the assets of the Company or any of them, a copy of the petition shall be sent by the petitioner to such Office-holder.
(5) If the Company intends to oppose the petition, it must notify the Court of this fact not less than seven (7) days before the date fixed for the hearing.
(6) Where a petition is filed at the instance of a Company's administrator the petition shall —
(a) be expressed to be the petition of the Company by its administrator;
(b) state the name of the administrator, the Court case number and the date that the Company entered administration; and
(c) where applicable, contain an application under Section 113 (Court ending administration on application of administrator), requesting that the appointment of the administrator shall cease to have effect.
(7) Where a petition contains a request for the appointment of a person as liquidator in accordance with Section 210(3) (Appointment of provisional liquidator or of liquidator following administration) the person whose appointment is sought shall, not less than two (2) business days before the return day for the petition, file in Court a report including particulars of —
(a) a date on which he notified creditors of the Company, either in writing or at a meeting of creditors, of the intention to seek his appointment as liquidator, such date to be at least seven (7) business days before the day on which the report under this paragraph is filed; and
(b) details of any response from creditors to that notification, including any objections to his appointment.