Winding Up Order Implications
Published on 23rd June 2025 - updated on 13th May 2025
Alright, let's talk about something that can make any business owner's blood run cold: the winding up order. I've been around the block a few times in the business world, and I’ve seen the sheer panic and confusion this term can cause. It’s not just some legal jargon; it's a full-blown crisis where a court basically says, "Alright, company, you can't pay your debts, so it's time to shut down." My hope here is to pull back the curtain a bit, share what I’ve learned, and help you understand what a winding up order really means if, heaven forbid, you ever brush up against one.
Believe me, the consequences of a winding up order are no joke. I'm talking company bank accounts frozen solid, the business eventually being dismantled piece by piece. Knowing the ins and outs of what a winding up order is – and why one might land on your company's doorstep – can genuinely be the difference between navigating a storm and sinking entirely.
So, What Is This Winding Up Order Thing Anyway?
When we talk about a winding up order, we're diving into pretty serious legal territory. It’s the court's way of forcing a company into liquidation because it’s run out of road financially. I want to give you the real-world rundown: what it means, the laws behind it, and who can actually kick this whole messy process off.
Let's Define This Beast: The Winding Up Order
Imagine a court issuing an official command that says your company has to stop trading, right now, and start the process of closing down. That, in a nutshell, is a winding up order. Once that hammer falls, someone like a licensed insolvency practitioner – a liquidator – usually steps in. Their job? To sell off everything the company owns and try to pay back whoever the company owes money to (the creditors).
How does it usually get to this point? From what I've seen, it often starts when a creditor – someone the company owes money to – gets fed up. It could also be a shareholder, or sometimes, even the company itself throws in the towel and petitions the court. This typically happens after the company has repeatedly failed to pay its debts. The whole idea is to stop the bleeding, to prevent more losses by shutting down a business that’s clearly insolvent.
And let me tell you, it's a massive shift in power. Once that winding up order is active, the company directors? They lose control. The liquidator takes the steering wheel, making sure every last penny is used to pay back creditors, and there's a strict legal order they have to follow. I generally see this as the absolute last resort, when every other attempt to get the money back has failed.
The Legal Mumbo-Jumbo (Simplified)
Now, this isn't just made up on the fly. In England and Wales, the winding up order process is mainly governed by something called the Insolvency Act 1986, with bits of the Companies Act thrown in too. This legislation lays out specific tests for when a company is considered insolvent. A classic example I often encounter is when a company fails to pay a debt of over £750 after being hit with a "statutory demand" – that's a formal, scary-looking letter demanding payment.
The whole thing usually kicks off when a "winding up petition" is filed with the High Court. If the court looks at all the evidence – like a pile of unpaid invoices or a clear pattern of defaulting on payments – and agrees the company can't pay its debts, it might just issue that winding up order.
But there are safety nets. The law tries to protect creditors, sure, but it also aims for an orderly process. For instance, these petitions have to be advertised in The Gazette (an official public record), and the company always gets a chance to state its case in court before any final winding up order is made. It’s not a kangaroo court.
Who Can Actually Pull the Trigger?
So, who can start this whole winding up order drama? Most of the time, it’s unsecured creditors – people or businesses owed £750 or more who don't have any specific asset (like a mortgage) securing their debt. Think trade suppliers who haven't been paid, HMRC chasing taxes, even employees owed wages.
But it's not just creditors. Sometimes, a company’s own directors or shareholders might decide to petition for the winding up order. This can happen if there are massive, unfixable arguments at the top, or if the business has just ground to a halt because no one can agree on anything. That said, creditor petitions? They're definitely the most common route I see.
One thing I always tell people is that whoever applies has to prove the company is insolvent or simply can't pay its debts when they're due. You can't just ask for a winding up order on a whim.
Why Do You Need a Winding Up Order?
I've seen a few common themes, usually boiling down to serious financial trouble, issues of fairness, or sometimes, it's even about protecting the wider public.
The Classic: Can't Pay, Won't Pay (Or Just Can't)
This is the big one, the reason I see most often for a winding up order petition: the company is flat-out broke and can't pay its debts as they fall due. In the UK, if a company owes an undisputed debt of £750 or more and ignores a formal statutory demand for payment, a creditor can march off to court with a winding up petition.
I’ve sat in on situations where courts pore over evidence like bounced cheques, ignored statutory demands, or piles of other proof showing money is owed. A winding up order stops one creditor from getting everything while others get nothing.
When It's "Just and Equitable" – The Fairness Angle
Now, here’s an interesting one. Sometimes, a court might decide it’s “just and equitable” to issue a winding up order even if the company isn’t technically insolvent. I've seen this come up in really messy situations – like when company directors are at each other's throats and can’t agree on anything, when shareholders have completely lost trust in each other, or when the business is just being run into the ground through mismanagement.
Think of scenarios like minority shareholders being systematically frozen out of decisions, or if there's dodgy stuff like illegal or fraudulent activity going on. Or maybe the whole reason the company was set up in the first place just isn't achievable anymore. This “just and equitable” ground is pretty flexible, and I’ve seen it used as a way to resolve horrible internal disputes that are making it impossible for the business to actually function. Forcing a winding up order can be seen as the cleanest break.
Protecting the Public
In rarer cases, you might see regulatory bodies or even the Secretary of State stepping in to seek a winding up order because it’s in the public interest. This isn't your everyday scenario. I usually see this when a company is acting unlawfully, maybe involved in fraudulent trading, or doing business in a way that’s harmful to the public or the market in general. Think serious consumer rip-offs or large-scale scams.
These public interest petitions often follow lengthy investigations by regulators. They need to have solid grounds before they ask a court to issue a winding up order to basically protect the wider community from a rogue business.
The Nitty-Gritty: How a Winding Up Order is Actually Obtained
If I were in the unfortunate position of having to consider applying for a winding up order against a company that owed me significant money (and I’d exhausted all other options), I’d know I’m in for a strict, step-by-step legal dance.
Step 1: Submitting the Petition
A petition beings by filing at the appropriate court. This petition isn't just a simple form; it has to lay out, in detail, why the company is insolvent or the specific reasons I’m asking for a compulsory winding up order. I'd have to use the official forms, swear a "statement of truth" (basically, a solemn promise that what I'm saying is true), and cough up the court fees, which aren't cheap.
When I file it, I’d also need to bundle in all my evidence. This could be a copy of that statutory demand I mentioned (if I'd sent one), any court judgments I already had for the debt, and details of any previous attempts I’d made to get paid. As I said, the petition needs that statement of truth, signed by me or my solicitor. Once all that’s submitted, the court gives me a date for a hearing. The countdown to the winding up order hearing begins.
Step 2: The Court Hearing – Showtime!
So, the petition's filed, and the court has set a date. At this hearing, either I or my legal representative (if I’ve hired one, which is usually a smart move) must be there. The judge will look at my petition, all the evidence I’ve submitted, and critically, will listen to any arguments from the company itself, its lawyers, or even other creditors who might have a stake in this. If I’m the creditor who filed, my main job is to convince the judge that the debt is real, it’s undisputed, and I’ve demanded it properly.
The company, naturally, gets its chance to fight back against the winding up order. They can file their own evidence, maybe arguing the debt isn't valid, or that they actually can pay. Sometimes they try to negotiate a deal with creditors even at this late stage. The judge weighs it all up. If they're satisfied with my case, they can grant the winding up order right there and then. Or, if more info is needed, they might postpone the hearing. If I win, the court’s decision gets put into a formal written order.
Step 3: Telling Everyone – Notification and Advertising
This is super important. Once I’ve filed a petition for a winding up order, I can't just keep it to myself. I’m legally required to formally notify the company I’m targeting, usually by serving the papers at their registered office. I also have to prove to the court I’ve done this. And then there’s The Gazette – the UK's official public record. I have to advertise the petition in The Gazette at least seven working days before the court hearing.
Why all this fuss about advertising a winding up order petition? Well, it alerts other creditors. They might want to support my petition, or even oppose it if they think it’ll scupper their own chances of getting paid. I can’t stress this enough: if I mess up these advertising and notification rules, the whole winding up order process could be thrown out. So, keeping receipts, proof of postage, proof of the advert – it’s all vital evidence for the court.
The Aftermath: What a Winding Up Order Actually Does
When a court finally issues a winding up order, it’s like a bomb going off in the company. Everything changes, instantly. Control, management, how assets are dealt with – it’s all flipped on its head. And if I were a director or shareholder, my own responsibilities and risks would suddenly look very different.
A New Boss in Town: The Official Receiver or Liquidator
The moment that winding up order is granted by the court, an "Official Receiver" is automatically put in charge of the company. Think of them as a temporary manager, a civil servant who steps in to secure the situation. They act as the provisional liquidator until, if needed, a separate insolvency practitioner (a private professional) is appointed as the full-time liquidator to handle the nitty-gritty of the winding up order.
As a director, my powers would be gone. Vanished. I'd have to hand over everything – keys, books, records – to this Official Receiver or liquidator. Their job is to round up all the company's assets, figure out all its debts, and start the process of selling things off to pay creditors in a very specific legal order. They also have a duty to investigate how the company got into this mess, and that can mean scrutinizing the directors' actions leading up to the insolvency.
Just to give you a flavour, their main tasks include:
Finding and securing all company assets, then selling them (they call this "realising" assets).
Digging into the company's affairs – what went wrong, and why.
Chasing up any money owed to the company.
Paying out any recovered funds to creditors, in the right order.
I'd have to be ready to hand over every company record and bit of property immediately. No arguments. The winding up order makes it so.
Uh-Oh for Directors and Shareholders
Once that winding up order hits, if I were a director, my ability to manage, control, or even speak for the company would evaporate. Legally, I’d be obliged to cooperate fully with the Official Receiver or liquidator, giving them access to all information, documents, and company property they ask for.
And here's the scary bit for directors: our conduct in the run-up to the winding up order will be investigated. If it turns out we were trading wrongfully (carrying on when we knew the company was doomed) or fraudulently, we could be disqualified from being a director of any company for up to 15 years. In some cases, we could even be made personally liable for some of the company's debts. As for shareholders? Well, they effectively lose any control, and I’d have to tell them to brace for their shares becoming worthless. Creditors always get paid before shareholders in a winding up order scenario.
The Official Receiver or liquidator might also call meetings of creditors and shareholders (they call shareholders "contributories") to get information or to vote on important decisions about how the liquidation will unfold.
Bang! Company Assets are Frozen
This is one of the most immediate and dramatic effects of a winding up order: the company's assets are effectively put on ice. All company bank accounts are normally frozen straight away. Trading stops, dead, unless the liquidator gives very specific, limited permission for it to continue (which is rare, and usually only to sell off stock or finish a crucial job that would raise more money).
At this point, I, as a director, absolutely could not sell, transfer, or try to hide any company assets. Any attempt to do so after the winding up order would likely be void and could land me in even hotter water. The liquidator takes control, makes a list of everything, and then starts the process of selling it all off to pay the creditors.
Even things like mortgages or other charges on assets get a close look. The liquidator has the power to challenge transactions made before the winding up order if they look dodgy – like selling an asset too cheaply to a mate, or paying off one favoured creditor just before the crash. So, even past actions can come back to bite you.
The Liquidator's Gig: What They Do Under a Winding Up Order
If I were the liquidator appointed after a winding up order, my world would revolve around managing the company’s remaining assets and its tangled affairs. The law is very clear about my duties: maximize what I can get for creditors and thoroughly investigate how the company ended up in this state.
Selling Up and Paying Out
My first move? Take control of everything the company owns – cash in the bank (if any!), equipment, stock, intellectual property, any money owed to the company. I'd need to identify and secure all of it.
Then, I'd get to work selling these assets off, making sure I keep super-detailed records of every sale. All the money raised goes into a special liquidation bank account. At the same time, I'd be compiling a list of everyone the company owes money to (the creditors), checking their claims are valid and figuring out where they stand in the queue for payment after the winding up order.
Once I've verified the claims, I start dishing out the money, but strictly according to the legal pecking order:
First, my own fees and the costs of the liquidation.
Then, "preferential" creditors (this includes certain amounts owed to employees).
Next, secured creditors (those with a mortgage or fixed charge over specific assets get paid from the sale of those assets).
Then, "floating charge" holders (another type of secured creditor).
Finally, if there's anything left (and often there isn't much), the unsecured creditors get a share.
Shareholders? They're last in line, and it's pretty rare they see anything from a winding up order.
Throughout all this, I’d be sending regular updates to creditors, letting them know how much I’ve recovered and what kind of payout (or "dividend") they might expect. It's all done under the watchful eye of the law and the courts.
Playing Detective: Investigating the Company
A big part of my job as liquidator, following a winding up order, is to put on my detective hat. I have to dig deep into the company’s financial records, contracts, and all its transactions in the period before it collapsed. My goal? To see if any funny business, mismanagement, or outright misconduct led to the company's downfall.
I’d be scrutinising things like asset transfers, large payments made to certain creditors just before the winding up order, and especially the conduct of the directors. If I find evidence that assets were sold too cheaply, or some creditors were unfairly favoured, I have powers to go to court and try to undo those transactions and get the money or assets back.
I’d also be interviewing the directors and other key company officers. Every step of my investigation is documented, and it can sometimes lead to further legal action. The winding up order isn't just about money; it's about accountability too.
The Human Cost: Employees and Creditors After a Winding Up Order
A winding up order isn't just about legal processes and balance sheets; it has a very real human impact, especially on employees and the creditors who are owed money. My focus here is on what these groups can usually expect, and how their rights and claims are handled once liquidation kicks in.
Employees: Redundancy and Rights
This is often the toughest part. When a winding up order is granted, it usually means the employees' contracts are terminated almost immediately. Job losses are, sadly, an instant consequence. Any redundancy pay they're entitled to, outstanding wages, holiday pay, and a few other specific entitlements become debts of the company.
Now, there's a small silver lining: some of these employee claims are treated as “preferential debts.” This means employees jump up the queue and get paid before most other unsecured creditors, at least for a portion of what they're owed. However, it’s important to know that only certain entitlements are covered, and there are legal caps on the amounts. If the company doesn't have enough assets to pay even these preferential claims, employees can often claim some of it from the government's National Insurance Fund.
I’ve seen how the statutory caps work; for example, only wages owed for the last four months (up to a set weekly limit) get this preferential treatment. My advice to any employee caught in a winding up order situation is always the same: get your claim in to the liquidator as quickly as possible. The whole process of figuring out claims and making payments can take weeks, sometimes even months, depending on how complicated things are.
Creditors: The Pecking Order for Payment
For creditors, a winding up order means waiting to see if they'll get any of their money back. And as I've mentioned, there's a strict legal hierarchy for who gets paid what, and when. I, as liquidator, have to follow this to the letter.
First, the costs of the liquidation itself get paid – my fees, legal costs, etc. Then come those preferential creditors, which includes those specific employee claims I just talked about.
After them, secured creditors who hold a "fixed charge" (like a mortgage over a building) get paid from the money raised by selling that specific asset. Next in line are creditors with a "floating charge" (a charge over a class of assets, like stock, that can change). Even then, a portion of what's recovered from floating charge assets (called the "prescribed part") has to be set aside for the unsecured creditors.
And the unsecured creditors? They're at the bottom of the pile. They only get a payout if there’s money left after everyone else above them in the winding up order queue has been paid. Often, sadly, they get very little, sometimes just pennies for every pound they were owed, or even nothing at all.
The whole system is designed to be as fair as possible in a bad situation. As liquidator, I’d keep all the creditors informed about progress and what sort of dividend (if any) they might expect. If, by some miracle, there’s money left after everyone – every single creditor and all the costs – has been paid, then it goes back to the shareholders. But honestly, in my experience with a winding up order, that’s incredibly rare.
Can You Fight a Winding Up Order?
So, your company gets hit with a petition for a winding up order. Is it game over? Not necessarily. If I were in that hot seat, I’d be looking at my options pretty sharpish. Acting fast can sometimes save the business or at least mitigate the damage.
Option 1: Challenge That Petition!
If I got a winding up petition, my first thought would be: is this legit? Can I fight it? The most common way to challenge a winding up order petition is to dispute the debt itself. If I genuinely believe my company doesn't owe the money, or the amount is wrong, I need to gather my evidence – bank statements, contracts, emails, anything that backs up my side of the story.
Timing is absolutely crucial. I’d have to get my evidence opposing the winding up order filed with the court at least five business days before the hearing. I could argue that the debt is genuinely disputed, or maybe that my company actually is solvent and can prove it. The courts don't take these things lightly, so my evidence would need to be solid and well-organized.
Getting a good solicitor on board who knows about winding up order cases would be a smart move. They can spot procedural errors made by the petitioner – maybe they didn't serve the papers correctly, or the debt amount is wrong. Sometimes, you can even ask the court for an adjournment (a delay) to give you more time to sort things out or negotiate.
Option 2: Look for Alternatives to Being Wound Up
Okay, so maybe the debt is real, and challenging the winding up order petition isn't realistic. Are there other ways out? Possibly. I could try to negotiate directly with the creditor who filed the petition. Maybe we could agree on a payment plan, or a settlement figure that they’d accept to withdraw the winding up order petition.
Another route I’d explore is something called a Company Voluntary Arrangement, or CVA. This is a formal insolvency procedure where my company proposes a deal to all its creditors to pay back what it owes (or a percentage of it) over a set period. It’s overseen by an insolvency practitioner, and if enough creditors vote for it, it becomes legally binding and can stop the winding up order in its tracks.
Then there's "administration." This also offers legal protection from creditors while an administrator (another insolvency practitioner) tries to rescue the company, maybe by restructuring it or selling it as a going concern. The key with all these alternatives is speed. They’re usually only viable before the court actually grants that final winding up order. Once that happens, the options narrow dramatically.
Life After a Winding Up Order is Granted
When the court finally brings down the gavel and grants that winding up order, it’s a formal signal that the company is heading towards its final curtain call. I know from experience that this triggers a whole load of administrative and legal duties, ultimately leading to the company being dissolved, with very strict rules about records and reporting all the way.
The Slow Fade: Dissolution of the Company
Once that winding up order is official, the company’s normal business activities grind to a halt. The only things that can happen are activities directly related to winding up its affairs – selling assets, paying debts, that sort of thing. As I’ve said, the Official Receiver or a court-appointed liquidator takes complete control, pushing the directors out of the picture when it comes to managing assets and liabilities.
I can't sugarcoat it: the liquidator’s main job then is to sell off everything the company owns and use the money to pay creditors, following that strict legal pecking order. Secured creditors first, then preferential creditors (like employees for certain claims), then unsecured creditors. If, and it’s a big if after a winding up order, there’s any money left over after all debts and costs are paid, it goes back to the shareholders.
The company, as a legal entity, actually continues to exist until it’s formally "dissolved." This usually happens once the liquidator has finished the entire winding-up process, filed all the final accounts and reports, and ticked all the legal boxes. Once dissolved, the company is struck off the register at Companies House and, legally speaking, it just ceases to exist. The winding up order has run its full course.
The Paper Trail: Reporting and Recordkeeping
Even though the company is being dismantled by the winding up order, there are still hefty reporting and recordkeeping duties. The liquidator has to file regular progress reports and a final account with Companies House. They also have to keep creditors and shareholders (or "contributories" as they’re called in this context) updated on any major developments.
I’m also acutely aware that the liquidator is responsible for keeping incredibly precise records of every single transaction that happens during the winding up. And it doesn't end when the money runs out; the company's books and records have to be kept safe for a set period – usually six years after it’s been dissolved. This is all about transparency and making sure everyone involved in the winding up order process can be held accountable.
The liquidator also has to keep Companies House in the loop when important things happen, like when all the assets have been sold or when the final dissolution is getting close. If these obligations aren't met, there can be penalties and even legal trouble for whoever is responsible. The winding up order leaves a long paper trail.
The Legal and Financial Hangover from a Winding Up Order
A winding up order doesn’t just mean the company closes; it has a ripple effect, creating immediate and long-term consequences for how the business (or what's left of it) operates, and particularly for its directors. We're talking about everything from a complete stop to trading, to potentially serious personal repercussions for those who were in charge when it all went wrong.
Impact on How (or if) the Business Operates
The moment a winding up order is granted, any assets the company has are immediately under the control of the liquidator. For me, as a director in that scenario, it means I’ve lost all authority. I can’t manage the company, make decisions, nothing. All business activity has to stop, right there and then.
The liquidator then starts the job of assessing and selling off those assets to pay the creditors, in that legally defined order of priority. Any ongoing contracts the company had – employment contracts, deals with suppliers, office leases – they're all likely to be terminated or considered breached by the winding up order. No more trading is allowed, which also means I can't try to keep the business limping along or try to squirrel away any assets.
Bank accounts? Frozen, almost instantly. All communication with suppliers, customers, and employees switches from me to the liquidator. The company’s credit rating is shot to pieces, and the news of the insolvency and the winding up order becomes public knowledge. This can seriously mess up future business opportunities, not just for the company itself (which is dying anyway), but also for me personally as a director.
Director Disqualification: The Big Worry
This is the one that really keeps directors up at night when a winding up order is looming. Once the company is in compulsory liquidation, my conduct as a director, and that of my fellow directors, comes under intense official scrutiny. The liquidator will dig into the decisions we made in the period leading up to the insolvency. They'll be looking for any signs of "wrongful trading" (carrying on business when we knew, or should have known, the company couldn't avoid insolvency), "fraudulent trading" (deliberately trying to defraud creditors), negligence, or any other breaches of our duties as directors.
A winding up order can have a very long shadow.
And there are other potential nasty surprises too, like being made personally liable for some of the company’s debts, especially if it’s proven I knowingly traded while the company was insolvent. Details of company directors, including any disqualification status, are publicly available. That kind of black mark can make it incredibly difficult to get future employment or start another business.
The Rulebook: UK Laws and Key Court Cases on Winding Up Orders
When I'm navigating the choppy waters of a winding up order, the main piece of legislation I always refer back to is the Insolvency Act 1986. This is the big one; it’s the primary law that governs how these orders work in the UK, setting out the whole process, the reasons (or "grounds") for an order, and the rights of everyone involved – the company, directors, creditors, everyone.
If you want to get really specific, Sections 122 to 124 of that Insolvency Act 1986 are key. They detail when a court can actually make a winding up order and who’s allowed to ask for one (to "petition" for one, in legal speak). Section 123 is particularly crucial because it defines what "inability to pay debts" actually means in the eyes of the law. It’s not just a vague feeling; there are tests.
Then you’ve got the Insolvency (England and Wales) Rules 2016. These get into the nitty-gritty procedural stuff – like exactly how a petition for a winding up order should be served on a company, and what supporting documents you need to include. I can tell you from experience, the courts are absolute sticklers for these rules. Get them wrong, and your petition can be thrown out.
Over the years, a few important court cases have also helped shape how we understand and apply the law on winding up orders. For example:
There was a case called Re a Company [1983] that really hammered home the need for clear, solid evidence that a debt is actually owed before you can get a winding up order.
Mann v Goldstein was important for clarifying the rights of creditors to petition for a winding up order.
A more recent one, BNY Corporate Trustee Services Ltd v Eurosail-UK 2007-3BL plc, gave some important interpretations of what "balance sheet" insolvency means (basically, when a company's liabilities are greater than its assets).
One thing I've learned is that courts frequently remind anyone petitioning for a winding up order just how vital it is to follow every single procedural step correctly. If you don't, you risk dismissal or, at best, long and costly delays.
And even with all these rules and laws, there's still an element of "judicial discretion." That means judges will look at all the circumstances of a particular case. They’re especially alert to any genuine dispute about whether a debt is really owed, or whether the company is truly insolvent, which could make granting a winding up order unfair or inappropriate.
Common Sticking Points and Howlers with a Winding Up Order
In all my years dealing with the fallout from a winding up order, I've seen the same mistakes trip people up again and again. It's painful to watch, especially when they could have been avoided.
Top of my list? Failing to serve the winding up petition correctly. The law is incredibly specific about how you have to deliver those papers to the company, and sometimes to its major creditors too. Get the service wrong, and you’re looking at delays or even the whole case being chucked out. It's a surprisingly common howler when it comes to the winding up order process.
Another frequent problem is not having enough solid proof of the debt. I’ve seen petitioners turn up with flimsy evidence, hoping it’ll be enough to convince a judge. But if you can't clearly show the debt is due and, crucially, undisputed, the court is likely to send you packing. No clear debt, no winding up order.
Then there are issues with notices. Not giving everyone who needs to know proper notice, or missing the strict deadlines for those notices, can completely derail the winding up order proceedings. The courts don't look kindly on that.
I also often see people try to jump the gun by filing a petition for a winding up order without first properly using a "statutory demand." The rules generally say you need to serve a statutory demand, give the company 21 days to pay or respond, and then, if they don’t, you can petition. Skipping that step, or doing it wrong, can mean your petition is dead on arrival.
And don't even get me started on careless paperwork! It sounds basic, but you'd be amazed:
- Getting the company's name slightly wrong.
- Using an old, out-of-date address for service.
- Forgetting to sign something vital.
These little errors just slow everything down and rack up more costs when you're trying to get or deal with a winding up order.
Finally, a big one from the company's side: burying their head in the sand. Some companies get a petition for a winding up order and just ignore it, hoping it’ll magically go away. It won't. And that often means a winding up order gets made against them without them even putting up a fight.
Honestly, if I had a pound for every time one of these common mistakes complicated a winding up order, I’d be a rich man. My best advice? Be meticulous, follow every rule, and get professional advice early if you're anywhere near this process.
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