Any creditor that is issuing a winding up petition against a debtor must submit a statement of truth alongside the petition (form 4.2) to confirm the details contained in the petition are true.
The statement of truth should be filed at court at least five business days before the winding up hearing is due to take place, and should state how the petition was served and why it was served in that way.
If a number of debts payable to different creditors are included in the winding up petition, each debt must be verified separately. A statement of truth that verifies more than one petition should include the names of the companies it relates to and set out the statements relied on by each petitioner. A photocopy of the statement of truth should then be filed with each petition it verifies.
Who can make a Statement of Truth?
The statement of truth must be made by:
- The petitioning creditor (or any one of the creditors if there are two or more petitioners); or
- A company director, secretary or company officer who has been involved in the matters that give rise to the presentation of the petition; or
- A solicitor acting on behalf of the petitioning creditor; or
- Some responsible person who is authorised to make the statement of truth and has knowledge of those matters.
If the individual making the statement of truth is not one of the petitioners, they must identify themselves and explain in the statement:
- The authority by which they make the statement; and
- How they have knowledge of the matters included in the winding up petition.
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.