How do I wind up a company?
How to petition the High Court or a county court for a winding-up order against a company.
If you are owed money by a company that cannot or will not pay it back, you can apply to the Court for a winding-up order. As part of your petition, you will need to prove to the Court that the company cannot pay its debts.
It can be proved that a company cannot pay its debts if:
- a creditor owed over 拢750 serves the company with a 'statutory demand' - form 4.01 - which the company does not comply with within three weeks
- a creditor obtains judgment against the company and execution is unsatisfied (there are not enough assets or funds to clear the debt)
- the company cannot pay its debts when they are due
- the company's total debts exceed its total assets
Obtaining a judgment
A creditor obtains judgment against the company, it is lodged for enforcement with the Enforcement of Judgments Office and a certificate of unenforceability is issued under Article 19 of the Judgments Enforcement (Northern Ireland) Order 1981.
You must apply to the court if you want to issue a claim for judgment yourself.
Presenting your winding-up petition to the High Court
Winding-up petitions are presented in the Northern Ireland High Court in Belfast.
To contact the High Court, write to:
Northern Ireland High Court
Royal Courts of Justice
Chichester Street
Belfast
Alternatively, you can contact the Northern Ireland Courts and Tribunals Service Enquiry Line on Tel 0300 200 7812.
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