How to deal with a Winding up Petition

Businesses struggling due to the pandemic and recent events should be mindful that winding up petitions are back.  All previous restrictions on winding up petitions have expired which means that a limited company debt of just £750, could set in motion a legal procedure which usually leads to liquidation.

Although fees payable to the Insolvency Service are increasing where a petition is filed at court on or after 1 November 2022, the prospect of a winding up petition being presented against a company remains a significant threat – particularly where the petitioning creditor will be HM Revenue and Customs.

Where a company’s relationship with any creditor deteriorates to the point where a winding up petition has been issued, or even threatened, prompt action and advice from a Licenced Insolvency Practitioner is of paramount importance.

What happens when a winding up petition is presented?

Once the petition is filed at Court it will be endorsed and the Court will set a hearing date, at which the petition will be heard.  The petition must then be served at the registered office of the company, and it will also be advertised in The London Gazette.

If a winding up order is made at the hearing, the company will enter compulsory liquidation and the Official Receiver will be initially appointed as liquidator.

What can be done to stop a Winding up Petition?

If you have had a winding up petition filed against your company, the options available will depend on which stage in the compulsory liquidation process you are.  Winding-up petitions are advertised in The Gazette because they are public notices.  Once the petition has been advertised the consequences are usually worsened.  If you are dealing with a petition that has been filed, but not yet advertised:

• Dispute the Petition Debt

If the debt is disputed you can notify the Court that this is the case.  However, you can only take this course of action where there is a valid reason for dispute, and you have evidence in support of this.

• Pay the Petition Debt

It may not be possible, but if you can pay off the full amount owed to the creditor (and their costs of bringing the petition) you may be able to prevent the petition from being advertised and becoming public information.

• Administration

A company in administration benefits from a moratorium which would prevent an order to wind up the company from being made.  If a petition has been filed, you must apply to the court for the winding up petition to be adjourned before it can consider whether an administration order would be appropriate. 

Once the petition has been advertised the above options remain open to the company, but it may be more difficult to achieve a positive outcome. 

What happens if a winding up order is made against my company?

If a winding-up order is made, then the petition process is complete, and the Official Receiver will be appointed as liquidator to the company.  The company’s creditors and contributories may appoint an alternative insolvency practitioner to act as liquidator.  A liquidator has the power to deal with the affairs of a company and their role is to review the company affairs, conduct investigations and to act in the best interests of the company generally.

The powers of any existing directors or managers of the company will cease, although you will have an obligation to co-operate with the liquidator and provide them with information about the company and its financial position.

Help from a Licenced Insolvency Practitioner

Keywood Group is a firm of Licenced Insolvency Practitioners with offices in Birmingham and London, although we cover the whole of England and Wales. 

Our team has extensive experience dealing with businesses and our Insolvency Practitioner is fully licenced and regulated by The Insolvency Practitioners Association.  If you want further information, please contact us for a no obligation chat.