What Court Jurisdiction Applies to Winding Up Petitions?
There are only certain courts around the country where winding up petitions can be filed and winding up orders can be made. The court you must send your completed winding up petition form, verification of winding up and the certificate of service depends on the ‘paid-up share capital’ of the debtor company. Paid-up share capital is simply the amount of money a company has received from its shareholders in exchange for shares. This information can be found on the Companies House register.
Where Should a Winding Up Petitions be sent?
If the Companies House register shows that the company has a paid-up share capital of more than £120,000, the winding up petition should be sent to the High Court at the following address:
The High Court
7 Rolls Buildings
If the company has paid-up share capital is less than £120,000, you should use the government’s court finder to find the nearest court to the debtor company’s registered address that deals with corporate insolvency cases.
Court Jurisdiction in Scotland
Similarly, in Scotland, the court you should send the winding up petition will be determined by the paid-up share capital of the debtor company:
- If the debtor’s company paid-up share capital is over £120,000 then the petition must be sent to the Court of Session;
- If the debtor company’s paid up share capital is more than £120,000 you must send the petition to the relevant Sheriff Court. The relevant Sheriff Court is the court closest to the debtor company’s registered office that deals with insolvency matters. The company’s registered office must have been in the court’s jurisdiction for the majority of the previous 12 months.
You can find the relevant court on the Scottish Court’s website.
Alternatively, if you’d like a little assistance, we can take care of issuing the winding up petition on your behalf and send the petition to the relevant court along with the necessary supporting documents and information. For impartial, no-obligation advice, please call 08000 746 757 or email: [email protected] today.