The Insolvency (England and Wales) Rules 2016

Contents of petition E+W

7.5.—(1) The petition must contain [F1 the following, and, in addition, where paragraph (1B) applies, the information specified in that paragraph]—

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

(b) the name and 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 grounds on which the winding-up order is sought;

(k) where the ground for the winding-up order is section 122(1)(a), a statement that the company has by special resolution resolved that the company be wound up by the court and the date of such resolution;

(l) where the ground for the winding-up order is section 122(1)(f) or 221(5)(b) and a statutory demand has been served on the company, a statement that such a demand has been served and the date of service and that the company is insolvent and unable to pay its debts;

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

(n) a statement whether the proceedings will be [F2 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 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 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).

[F3 (1A) Paragraph (1B) applies if a moratorium under Part A1 is in force.

(1B) Where this paragraph applies the petition must contain—

(a) a statement that a moratorium under Part A1 of the Act is in force for the company;

(b) a statement as to which of the permitted exceptions to the restriction on winding up during a moratorium specified in section A20 applies; and

(c) the name and contact details of the monitor.]

(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 7.5(1) inserted (1.10.2021) by The Insolvency (England and Wales) (No.2) (Amendment) Rules 2021 (S.I. 2021/1028), rules 1, 34(2) (with rules 4, 5)

F2 Words in rule 7.5(1)(n) substituted (31.12.2020) by The Insolvency (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/146), reg. 1(3), Sch. para. 71 (with regs. 4, 5); 2020 c. 1, Sch. 5 para. 1(1)

F3 Rule 7.5(1A)(1B) inserted (1.10.2021) by The Insolvency (England and Wales) (No.2) (Amendment) Rules 2021 (S.I. 2021/1028), rules 1, 34(3) (with rules 4, 5)

Modifications etc. (not altering text)

C1 Rule 7.5(1) modified (temp.) (26.6.2020) by Corporate Insolvency and Governance Act 2020 (c. 12), s. 49(1), Sch. 10 para. 19(1)(3) (with ss. 2(2), 5(2))

C2 Rule 7.5(1) modified (temp.) (1.10.2021) by 2020 c. 12, Sch. 10 paras. 2, 4 (as substituted by The Corporate Insolvency and Governance Act 2020 (Coronavirus) (Amendment of Schedule 10) (No. 2) Regulations 2021 (S.I. 2021/1091), regs. 1(3), 3)