How to obtain winding-up orders and petitions in 2022

Obtain a winding-up order to force a debtor into compulsory liquidation…

Following the lifting of the Government’s CIGA 2020 restrictions last month, creditors are once again free to present winding-up petitions to insolvent companies that owe £750 or more.

Subsequently, we thought you’d like some tips and advice on how best to utilise winding-up orders and petitions in 2022.

You should move swiftly against any company that owes £750 or more for an unpaid invoice or some other debt. After 21 days, you may obtain a winding-up order from the court if the debt remains unpaid and undisputed.

The winding-up process begins when the debtor company receives the petition. Failure to respond to a petition could lead to:

  • Formal insolvency proceedings
  • The company falling into compulsory liquidation

Life becomes stressful and much harder for company directors under these circumstances.

Winding-up orders and petitions

For example, following the presentation of a winding-up petition, a director must seek the court’s permission before making:

  • Use of the company’s assets
  • Payments from the company’s bank account(s)

Furthermore, the company’s bank accounts may be frozen if the director(s):

  • Ignore the petition
  • Fail to obtain a court-issued validation order

Review credit management policies

If your business offers goods or a service on credit, it would be wise for you to:

  • Review and update your credit management procedures regularly
  • Develop an invoicing system that ensures customers and other debtors pay up within 28 days

It’s essential that you respond immediately whenever a debtor fails to pay by the due date because they might be:

  1. About to close down
  2. Trading while insolvent
  3. Ignoring you, but paying other creditors
  4. Abusing your credit terms as an unsecured, interest-free loan
  5. Exposing you to preventable losses
  6. Moving assets into a new business while leaving you and other creditors behind to suffer with old company

A winding-up petition should never be used as a debt recovery tool. However, it’s perfectly ok to present them to insolvent companies that cannot pay their debts when they are due.

Always try to keep open a channel of communication with your debtors. Talk to them before, during, and after you present your winding-up petition. It’s quite likely they’ll be up for negotiating a deal to avoid the company being placed into compulsory liquidation.

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