Rule 4.11 Advertisement of petitionI1

England and Wales

(1)

[FORM 4.6]Unless the court otherwise directs, the petition shall be advertised once in the Gazette.

(2)

The advertisement must be made to appear—

(a)

if the petitioner is the company itself, not less than 7 business days before the day appointed for the hearing, and

(b)

otherwise, not less than 7 business days after service of the petition on the company, nor less than 7 business days before the day so appointed.

(3)

The court may, if compliance with paragraph (2) is not reasonably practicable, direct that advertisement of the petition be made to appear in a specified F1... newspaper, instead of in the Gazette.

(4)

The advertisement of the petition must state—

(a)

the name F2and registered number of the company and the address of its registered office, or—

(i)

in the case of an unregistered company, the address of its principal place of business;

(ii)

in the case of an oversea company, the address at which service of the petition was effected;

(b)

the name and address of the petitioner;

(c)

where the petitioner is the company itself, the address of its registered office or, in the case of an unregistered company, of its principal place of business;

(d)

the date on which the petition was presented;

(e)

the venue fixed for the hearing of the petition;

(f)

the name and address of the petitioner's solicitor (if any); and

(g)

that any person intending to appear at the hearing (whether to support or oppose the petition) must give notice of his intention in accordance with Rule 4.16.

(5)

If the petition is not duly advertised in accordance with this Rule, the court may dismiss it.

Annotations

Textual amendments

F1: Words in rule 4.11(3) omitted (2.4.1991) by virtue of The Insolvency (Amendment) Rules 1991 (S.I. 1991/495), rule 1, Sch. para. 1
F2: Words in rule 4.11(4)(a) inserted (1.4.2005) by The Insolvency (Amendment) Rules 2005 (S.I. 2005/527), rules 1(2), 19

Commencement

I1: Rule 4.11 in force at 29.12.1986, see rule 0.1