If you have issued a winding up petition for a debt that remains unpaid or undisputed, then seven days after the date the petition has been served it should be advertised in the London Gazette. The reason for placing the advert is to make other creditors of the company aware of the winding up petition. They can then choose to support the petition with their own debt.
The London Gazette is a trade magazine that publishes notices related to the company and personal insolvency procedures. This includes liquidation notices, bankruptcy petitions and more. Without advertising the winding up petition in the London Gazette, it is not possible for the court to wind a company up.
Creating the advert
It’s extremely important you get the winding up petition advertisement right. Once the advert is placed it will be picked up by credit reference agencies, trade suppliers and banks, so any mistakes could have serious consequences and leave the petitioning company open to a potential claim for damages.
To place an advert in the London Gazette, you should email london@thegazette.co.uk. On receiving your request, you will be sent an application pack to set up an account. Once your account has been set up, you will receive your login details via email and be able to submit your advert online.
What details should the advert include?
Unless the court directs otherwise, the petition should be advertised once in the Gazette, not less than seven days after the petition is served on the company. The advert should include:
- The name of the company and the address of its registered office; or
- The address of its principle place of business if the company is unregistered;
- The address where the petition was served if the company is based overseas;
- The name and address of the petitioner;
- The address of the petitioning company’s registered office;
- The venue where the petition will be heard;
- The name and address of the petitioner’s solicitor (if there is one); and
- The details of any person intending to appear at the hearing, whether to support or oppose the petition.
How much does it cost to advertise a winding up petition?
You can find the cost of advertising a winding up petition here.
Want to Talk?
If a winding up petition has been served on your company, the company is a very serious position and time is of the essence. We are happy to help you with this process, or to advise in situations where a validation order may be an appropriate option – simply call Simon Renshaw on 0208 444 3400 or email sr@aabrs.com.