Witness Statement To Prove Service Of Statutory Demand (Compulsory Liquidation)
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Jurisdiction
England and WalesCost
Free to useRelevant sectors
Type of legal document
💳 Statutory demandBusiness activity
Wind up companyA statutory demand is a formal demand for payment of a debt that is due and payable, which if not paid, can lead to the debtor company being wound up. The demand must be in the prescribed form and must state the amount of the debt, the name and address of the creditor, and the period within which payment must be made. If the debt is not paid within 21 days, the creditor can apply to the court for a winding up order.
The Witness Statement serves as an essential piece of evidence in court proceedings related to compulsory liquidation. It is typically provided by an individual, usually an employee or representative of the creditor or their legal representative, who has observed and can testify to the proper service of the Statutory Demand to the debtor company.
This template aims to provide a comprehensive framework to document the events surrounding the service of the Statutory Demand. It typically includes sections such as the introduction, identifying the witness and their relationship to the creditor, outlining their knowledge of the debtor company, detailing the method and date the demand was served, and describing any interaction or communication between the witness, creditor, and debtor in relation to the demand.
Furthermore, the template would likely include a section addressing the Response to the Statutory Demand, providing an opportunity for the witness to report any acknowledgment or rebuttal from the debtor company. It may also outline any subsequent steps taken by the creditor, such as formal court proceedings or negotiations towards a settlement.
By utilizing this Witness Statement template, it becomes easier to establish in court that the Statutory Demand was properly served to the debtor company. It assists in substantiating the claim of the creditor for initiating the compulsory liquidation of the company under UK law.
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Publisher
ƵJurisdiction
England and WalesPublisher
ƵJurisdiction
England and WalesCompulsory liquidation is a legal procedure initiated by a creditor or shareholders to force the winding-up of a company that is unable to pay its debts. The template specifically focuses on the certificate of service, which is a document required to prove that the winding-up petition has been properly served.
This legal template is designed to provide a standardized format for documenting and confirming the successful service of the winding-up petition to all relevant parties involved in the compulsory liquidation proceedings. It serves as evidence that the petition has been officially communicated to the company undergoing liquidation, its directors, and other stakeholders, ensuring compliance with UK law.
The certificate of service typically includes essential information such as the date, time, and place of service, along with details of the individual(s) who served the petition. It may also include information regarding any attempts made to serve the petition previously, ensuring that all parties involved have been duly notified.
By utilizing this legal template, businesses, legal professionals, or individuals involved in compulsory liquidation cases can streamline and maintain proper documentation for their proceedings, thereby ensuring that all necessary parties have been informed and legal obligations have been fulfilled in accordance with UK law.