How to stop winding up

If your company has been threatened with winding up or you have received a winding up petition, you must take action immediately.

There are various business rescue options that you can consider:

Note: Pre-pack administration cannot be used to rescue a limited company if a winding up petition has already been issued.

Where to start

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Challenging a Statutory Demand

If your company receives a statutory demand for payment, you have 21 days within which to settle the debt or come to a payment arrangement with the creditor.

If you do not do this, it will give the creditor the right to apply to the High Court for a winding up petition.

If you wish to challenge the validity of the statutory demand, you will need to employ a solicitor to help you. Associated fees should be paid by the company if it has sufficient funds. Alternatively these would have to be paid by the directors.

If your company has been threatened with winding up, call us NOW




Challenging a Winding Up Petition

Once a winding up petition is granted, the company has 7 days to pay the debt or come to a payment arrangement with the creditor. If this is not achieved, then the petition will be advertised in the London Gazette. The winding up process has then legally begun.

Whether the debt is then paid or not, the winding up hearing at the High Court will still take place.

If the directors which to challenge the winding up petition, they can do so at this hearing. Any legal costs will normally have to be borne by the directors as the company accounts will have been frozen.

Remember, once a winding up petition has been issued, it may still be possible to rescue the company by implementing a CVA or applying for Company Administration. If either of these solutions is put in place, all legal action against the company from its creditors including winding up procedures will be stopped.

If your company has been threatened with winding up, call us NOW