The Insolvency Rules (Northern Ireland) 1991

CHAPTER 2 THE STATUTORY DEMAND(NO CVL APPLICATION)

Preliminary

4.004.—(1) This Chapter does not apply where a petition for the winding up of a company is presented under Article I 04 on or after the date on which the Rules come into operation and the petition is based on failure to comply with a written demand served on the company before that date.

(2) A written demand served by a creditor on a company under Article 103(1)(a) (registered companies) or 186(1)(a) (unregistered companies) is known in winding-up proceedings as “the statutory demand”.

(3) The statutory demand must be dated, and be signed either by the creditor himself or by a person stating himself to be authorised to make the demand on the creditor's behalf.

[E.R.4.4]

Form and content of statutory demand

4.005.—(1) The statutory demand must state the amount of the debt and the consideration for it (or, if there is no consideration, the way in which it arises). [FORM 4.01]

(2) If the amount claimed in the demand includes—

(a) any charge by way of interest not previously notified to the company as included in its liability, or

(b) any other charge accruing from time to time,

the amount or rate of the charge must be separately identified, and the grounds on which payment of it is claimed must be stated.

(3) The amount claimed in respect of a charge mentioned in paragraph (2) must be limited to that which has accrued due at the date of the demand.

[E.R.4.5]

Information to be given in statutory demand

4.006.—(1) The statutory demand must include an explanation to the company of the following matters—

(a) the purpose of the demand, and the fact that, if the demand is not complied with, proceedings may be instituted for the winding up of the company;

(b) the time within which it must be complied with, if that consequence is to be avoided; and

(c) the methods of compliance which are open to the company.

(2) Information must be provided for the company as to how an officer or representative of it may enter into communication with one or more named individuals, with a view to securing or compounding for the debt to the creditor's satisfaction.

(3) In the case of any individual so named in the demand, his address and telephone number (if any) must be given.

[E.R.4.6]