The Insolvency (England and Wales) Rules 2016

Contents of petition for winding-up order by a contributory E+W

7.26.—(1) A petition presented by a contributory must contain—

(a) the name of the court (and hearing centre if applicable);

(b) the name and postal address of the petitioner;

(c) identification details for the company subject to the petition;

(d) the company's registered office (if any);

(e) the date the company was incorporated and the enactment under which it was incorporated;

(f) the total number of issued shares of the company and the manner in which they are divided up;

(g) the aggregate nominal value of those shares;

(h) the amount of capital paid up or credited as paid up;

(i) a statement of the nature of the company's business if known;

(j) the number and total value of the shares held by the petitioner;

(k) a statement whether the shares held by the petitioner—

(i) were allotted to the petitioner on the incorporation of the company,

(ii) have been registered in the name of the petitioner for more than six months in the last 18 months, or

(iii) devolved upon the petitioner through the death of the former holder of the shares;

(l) the grounds on which the winding-up order is sought;

(m) a statement whether the company is an Article 1.2 undertaking;

(n) a statement whether the proceedings will be [F1 COMI proceedings, establishment proceedings or proceedings to which the EU Regulation as it has effect in the law of the United Kingdom does not apply] and that the reasons for so stating are given in the form of a witness statement;

(o) a statement that in the circumstances it is just and equitable that the company should be wound up;

(p) a statement that the petitioner therefore applies for an order that the company may be wound up by the court under the Act, or that such other order may be made as the court thinks just;

(q) the name and postal address of any person on whom the petitioner intends to serve the petition; and

(r) the contact details of the petitioner's solicitor (if any).

(2) The petition must also contain a blank box for the court to complete with the details of the venue for hearing the petition.

Textual Amendments

F1 Words in rule 7.26(1)(n) substituted (31.12.2020) by The Insolvency (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/146), reg. 1(3), Sch. para. 77 (with regs. 4, 5); 2020 c. 1, Sch. 5 para. 1(1)