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06/04/2019

How do I find a winding up petition?

How do I find a winding up petition?

Here are three ways to find out if a winding up petition has been issued against your debtor company:

  1. To Search for Winding Up Petitions Look it up in the Gazette.
  2. Visit the Companies Court.
  3. Ask your lawyer or subscribe to receive the information.

What happens with a winding up petition?

A winding up petition is a way by which an unpaid creditor can petition the courts to force an insolvent company into compulsory liquidation. If the company is deemed insolvent, the court will issue a winding up order and will appoint an Official Receiver to liquidate the insolvent company.

How do you advertise a winding up petition in The Gazette?

To place an advert in the London Gazette, you should email [email protected] On receiving your request, you will be sent an application pack to set up an account. Once your account has been set up, you will receive your login details via email and be able to submit your advert online.

Is a winding up petition public?

WUPs are advertised in The Gazette as public notices. They are very serious legal actions and can lead to the company’s bank accounts being frozen.

Where are winding up orders published?

The main place that you will find winding up petitions advertised is in The Gazette. The Gazette is one of the official public records of the British government. There are regional versions of The Gazette, but as a rule, all petitions advertised in England and Wales will be published in the London Gazette.

How do you get money from a company that owes you?

Small claims court. If you do not want to go through a collection agency, you have the option of filing a lawsuit to get the money you’re owed. Depending upon your state, you may be able to file a claim in small claims court to recover the money owed to your business.

What are the consequences of winding up?

Consequences of Winding Up Winding up doesn’t take away the existence of the company completely. The company continues to exist as a corporate entity till its dissolution. All the ongoing business of the company is administered by the liquidator during the phase of liquidation.

How does a winding up order work?

A winding up order is a court order that forces an insolvent company into compulsory liquidation – a process in which the court appoints an Official Receiver (OR) to liquidate all of the company’s assets in order to repay creditors.

How can I advertise in Gazette?

To place a notice via email, fax or post, email or telephone the Gazette edition that you wish to place the notice in – London, Edinburgh or Belfast. For example, if you wish to place a notice in The London Gazette, please email [email protected] The contact details for each edition can be found below.

How can I publish my gazette notification?

Here is what you need to do to submit the Gazette notification:

  1. Carry a copy of the ‘Deed changing name form’ available with the Controller of Publication, Department of Publication;
  2. Alternatively, a letter of declaration from you, stating the need for changing the name will do;

Who can present a winding up petition?

A petition to wind up a company may be presented by the company, the directors, any creditor or creditors, a contributory or contributories, the clerk of a magistrates’ court in the exercise of the power conferred by section 87A of the Magistrates Court Act 1980 (enforcement of fines imposed on companies), any …

Can you issue a winding up petition without a statutory demand?

No. A statutory demand is usually the first step a creditor will take to let a debtor company know it is serious about recovering a debt and is prepared to take legal action. If the statutory demand is not paid or challenged, the creditor will then have the necessary authority to go on to issue the petition.

Can a petition to wind up notice be published in the Gazette?

Court injunctions to prevent the publication of a petition to wind up notice should be sent as soon as possible by contacting The Gazette. A copy of the sealed court order will be required in order to prevent publication. The Gazette allows the advertiser the ability to publish a notice immediately, if the advertiser of a notice wishes.

How does a winding up petition work in the UK?

A winding up petition (WUP) is a legal action taken by a creditor or creditors against a company that owes them money (although others can also petition). If the company owes £750 or more, the creditor can issue a petition in court. The petition will have a hearing date endorsed on it and then must be served at the registered office of the company.

Where can I find the London Gazette notice?

Publication of a notice When a notice is published in The Gazette, it will be published on www.thegazette.co.uk, and this is the official version. Hard copy printed and pdf editions are available: The London Gazette is produced each working day, and will contain notices published online the day before.

What happens if a winding up order is approved?

Once advertised, other creditors may support the petition, and if the original petitioner is paid, or seeks to withdraw, may take over the petition. If the petition is approved, the winding up order is made.