Winding Up Petition

[Hinam]

Hi there! i have a question relating to winding up petitions. I am aware that according to schedule 4 of the Insolvency Rules 2016 that a winding up petition document must be served to the companies registered office. But what If the company has closed their office and the letter is undeliverable? Or the company refuses to accept the letter and its returned to the post office? Does this prevent a winding up petition from being accepted by the courts?

[atticus]

See para 2.4 of Schedule 4.
(4) Where this paragraph applies the petition may be served—

(a)by leaving it at the company’s last known principal place of business in England and Wales in such a way that it is likely to come to the attention of a person attending there; or

(b)on the secretary or a director, manager or principal officer of the company, wherever that person may be found.


In unusual cases, application can be made to the court to serve by some other means.

Are you asking on behalf of the company or the petitioner?

[Hinam]

See para 2.4 of Schedule 4.
(4) Where this paragraph applies the petition may be served—

(a)by leaving it at the company’s last known principal place of business in England and Wales in such a way that it is likely to come to the attention of a person attending there; or

(b)on the secretary or a director, manager or principal officer of the company, wherever that person may be found.


In unusual cases, application can be made to the court to serve by some other means.

Are you asking on behalf of the company or the petitioner?

Thank you for your response Atticus, I'm asking on behalf of the petitioner. My main concern is that we don't have another address for the company, other than potentially sending it to their accountant, who is not an employee of the company.