An affidavit is a formal written statement that sets out the facts of a case that are supported by an oath of affirmation for use as evidence in court.
To make a compulsory winding up the order, you must complete the winding up petition form along with an affidavit statement that verifies the matters that gave rise to the petition. The affidavit should also include details of how the petition was served on the debtor. The affidavit must identify:
- The name and registered number of the company;
- The name of the petitioner;
- The court in which the petition is to be presented.
Who can make the statement?
The affidavit or ‘statement of truth’ must be made by the petitioner or an authorised person. That includes:
- A company director, secretary, company officer or solicitor who has been concerned in the matters giving rise to the presentation of the petition; or
- Some responsible person who is authorised to make the affidavit and has the necessary knowledge of the matters that have given rise to the petition.
What should it include?
As well as identifying the name of the petitioner and the registered number of the company the petition was served on, the affidavit statement should also include details about how the petition was presented to the debtor company, as it must be served in a specific way. This should include:
- Whether the copy served was a sealed copy;
- The date on which service was effected;
- How the petition was served.
The affidavit should be filed in court as soon as is reasonably practicable after the petition has been served and not less than five business days before the petition is due to be heard.
If you’d like to discuss any of the issues in this article or talk to someone about issuing or defending a winding up petition, please call 08000 746 757 or email: [email protected] today.