Cancel a winding up order

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Cancel a winding up order

If your company is being wound up (liquidated) you’ll be sent a copy of the winding up order.

You can apply to cancel (‘rescind’) the winding up order, eg if your company can pay its debts or if you couldn’t attend the original hearing. You must apply to the court within 5 working days of when you got the order.

Fill in Form 7.1A. Write a witness statement giving details of your assets and debts. Take these to the court that gave you the winding up order.

Fees

The fee is £155 if you go to the Companies Court or a district registry.

Fees at county courts vary - check with the court before you go.

What happens after you apply

You’ll get your application back the same day and be given a date for your hearing. This will normally be in 1 or 2 weeks.

You must deliver (‘serve’) a copy of the application to the person who made the winding up petition (the respondent) and the official receiver.

You can deliver the application by:

  • giving it to them (you should try all their known addresses)
  • getting a ‘process server’ to serve it for you (a solicitor can arrange this)

If it can’t be delivered in person, you can deliver the application by registered post or putting it through a letterbox.

At the hearing

Both you and the respondent present your cases to a registrar or district judge. Explain why you want to cancel the winding up order.

At the end of the hearing you’ll either:

  • get a decision - you’ll also get a written copy sent to you
  • be asked to come to another hearing if the registrar or judge wants more evidence

If you don’t agree with the decision you may be able to appeal to the Chancery Division of the High Court.

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