DIRECTOR AID Email us
WINDING-UP PETITION?

A petition against your company is not the end. But the clock is running.

Confidential help for company directors facing a winding-up petition. Your first consultation is free: you have nothing to lose.

Email help@directoraid.co.uk
No costNo obligationCompletely confidential
Director Aid crest
Director Aid is a private advisory service. We are not connected with the court, HM Courts & Tribunals Service, any petitioner or the Official Receiver.

What happens after a petition is presented

A winding-up petition follows a set path through the court. The further along it goes, the fewer options there are, so the earlier you act, the better.

1

Presented

A creditor files the petition at court.

2

Served

The petitioner serves it on the company, usually at its registered office.

3

Advertised

It appears in The Gazette. Banks commonly freeze company accounts.

4

Hearing

The court decides what happens to the petition.

5

Winding-up order

The company goes into liquidation and the Official Receiver takes control.

The risks to you as a director

  1. The company could be wound up. The Official Receiver takes control, trading usually stops and employees are dismissed.
  2. Bank accounts could be frozen. Once a petition is advertised, banks commonly freeze company accounts.
  3. Payments could be reversed. If the company is wound up, payments made after the petition was presented are void unless the court validates them.
  4. Your conduct will be investigated. Unfit conduct can lead to disqualification for up to 15 years.
  5. You could be personally liable. The liquidator can pursue directors for wrongful trading, misfeasance or an overdrawn loan account; guarantees can be called in.
  6. You could face personal bankruptcy. If you cannot pay, your home and personal assets could be at risk.

What can still be done

Every case is different. We will talk you through each route.

1

Pay or settle, with advice

Paying the debt and the petitioner's costs often ends a petition, but payments after presentation can be void. Take advice before paying.

2

Dispute the debt

If the debt is genuinely disputed on substantial grounds, the court can be asked to stop the petition. This must be done quickly.

3

Agree time

A creditor may agree time to pay and support an adjournment when a realistic proposal is put forward.

4

Rescue the business

Administration or a company voluntary arrangement (CVA) may save a viable business.

5

Ask the court to validate payments

A validation order can let the company keep trading while the petition is dealt with.

How Director Aid helps

We help directors in exactly your position: quickly, confidentially and in plain English.

1. Get in touch

Email us with your company name and, if you have it, the case number from the petition. Tell us as much or as little as you like.

2. Free consultation

Your first consultation is free, with no obligation. We look at where the petition has got to and explain your options.

3. We act fast

If you then want us to act, we will tell you clearly what it would cost before you decide. Time matters, especially before a hearing.

Do this today: don't make payments from the company account without advice, and find the petition that was served on the company. It shows the hearing date.

Your first consultation is free.

Email us now. Include your company name and, if you have it, the petition's case number, and we will come back to you promptly.

help@directoraid.co.uk

Everything you tell us is treated in confidence.