{
  "url": "https://openlegislation.uk/insolvency-rules-1986/rule-4.7",
  "json_url": "https://openlegislation.uk/insolvency-rules-1986/rule-4.7.json",
  "legislation": "uksi/1986/1925",
  "legislation_title": "The Insolvency Rules 1986",
  "legislation_url": "https://openlegislation.uk/insolvency-rules-1986",
  "path": "rule/4.7",
  "kind": "rule",
  "number": "4.7",
  "heading": "Presentation and filing of petition",
  "text": "(1) [FORM 4.2] [FORM 4.3] The petition, verified by affidavit in accordance with Rule 4.12 below, shall be filed in court.\n(2) No petition shall be filed unless there is produced on presentation of the petition a receipt for the deposit payable or paragraph (2A) applies.\n(2A) This paragraph applies in any case where the Secretary of State has given written notice to the court that the petitioner has made suitable alternative arrangements for the payment of the deposit to the official receiver and such notice has not been revoked in relation to the petitioner in accordance with paragraph (2B).\n(2B) A notice of the kind referred to in paragraph (2A) may be revoked in relation to the petitioner in whose favour it is given by a further notice in writing to the court stating that the earlier notice is revoked in relation to the petitioner.\n(3) If the petitioner is other than the company itself, there shall be delivered with the petition—\n(a) one copy for service on the company, and\n(b) one copy to be exhibited to the affidavit verifying service.\n(4) There shall in any case be delivered with the petition—\n(a) if the company is in course of being wound up voluntarily, and a liquidator has been appointed, one copy of the petition to be sent to him;\n(b) if the company is in administration, one copy ... to be sent to the administrator;\n(c) if an administrative receiver has been appointed in relation to the company, one copy to be sent to him;\n(d) if there is in force for the company a voluntary arrangement under Part I of the Act, one copy for the supervisor of the arrangement; ...\n(da) if a member State liquidator has been appointed in main proceedings in relation to the company, one copy to be sent to him; and\n(e) if the company is an authorised deposit-taker or a former authorised deposit-taker and the petitioner is not the Financial Services Authority, one copy to be sent to the Authority.\n(5) Each of the copies delivered shall have applied to it the seal of the court, and shall be issued to the petitioner.\n(6) The court shall fix a venue for the hearing of the petition; and this shall be endorsed on any copy issued to the petitioner under paragraph (5).\n(7) Where a petition is filed at the instance of a company’s administrator the petition shall—\n(a) be expressed to be the petition of the company by its administrator,\n(b) state the name of the administrator, the court case number and the date that the company entered administration, and\n(c) where applicable, contain an application under paragraph 79 of Schedule B1, requesting that the appointment of the administrator shall cease to have effect.\n(8) Any petition filed in relation to a company in respect of which there is in force a voluntary arrangement under Part I of the Act or which is in administration shall be presented to the court to which the nominee’s report under section 2 was submitted or the court having jurisdiction for the administration.\n(9) Any petition such as is mentioned in paragraph (7) above or presented by the supervisor of a voluntary arrangement under Part I of the Act in force for the company shall be treated as if it were a petition filed by contributories, and Chapter 4 in this Part of the Rules shall apply accordingly.\n(10) Where a petition contains a request for the appointment of a person as liquidator in accordance with section 140 (appointment of former administrator or supervisor as liquidator) the person whose appointment is sought shall, not less than 2 days before the return day for the petition, file in court a report including particulars of—\n(a) a date on which he notified creditors of the company, either in writing or at a meeting of creditors, of the intention to seek his appointment as liquidator, such date to be at least 10 days before the day on which the report under this paragraph is filed, and\n(b) details of any response from creditors to that notification, including any objections to his appointment.",
  "extent": "E+W",
  "status": null,
  "version": "current",
  "annotations": [
    {
      "type": "F",
      "label": "F1",
      "text": "Rule 4.7(2)-(2B) substituted for rule 4.7(2) (1.4.2004) by The Insolvency (Amendment) Rules 2004 (S.I. 2004/584), rules 1(2), 8(a)"
    },
    {
      "type": "F",
      "label": "F2",
      "text": "Words in rule 4.7(4)(b) substituted (15.9.2003) by The Insolvency (Amendment) Rules 2003 (S.I. 2003/1730), rule 1(2), Sch. 1 para. 13(a)"
    },
    {
      "type": "F",
      "label": "F3",
      "text": "Words in rule 4.7(4)(b) omitted (1.4.2004) by virtue of The Insolvency (Amendment) Rules 2004 (S.I. 2004/584), rules 1(2), 8(b)"
    },
    {
      "type": "F",
      "label": "F4",
      "text": "Word in rule 4.7(4)(d) omitted (31.5.2002) by virtue of The Insolvency (Amendment) Rules 2002 (S.I. 2002/1307), rules 1, 6(1)(a) (with rule 3)"
    },
    {
      "type": "F",
      "label": "F5",
      "text": "Rule 4.7(4)(da) inserted (31.5.2002) by The Insolvency (Amendment) Rules 2002 (S.I. 2002/1307), rules 1, 6(1)(b) (with rule 3)"
    },
    {
      "type": "F",
      "label": "F6",
      "text": "Words in rule. 4.7(4)(e) substituted (1.12.2001) by The Financial Services and Markets Act 2000 (Consequential Amendments and Repeals) Order 2001 (S.I. 2001/3649), arts. 1, 377(4)"
    },
    {
      "type": "F",
      "label": "F7",
      "text": "Words in rule. 4.7(4)(e) substituted (1.6.1998) by The Bank of England Act 1998 (Consequential Amendments of Subordinate Legislation) Order 1998 (S.I. 1998/1129), art. 1, Sch. 1 para. 4(3)(a)"
    },
    {
      "type": "F",
      "label": "F8",
      "text": "Word in rule. 4.7(4)(e) substituted (1.6.1998) by The Bank of England Act 1998 (Consequential Amendments of Subordinate Legislation) Order 1998 (S.I. 1998/1129), art. 1, Sch. 1 para. 4(3)(b)"
    },
    {
      "type": "F",
      "label": "F9",
      "text": "Rule 4.7(7)-(10) added (11.1.1988 with application in accordance with rule 3(1)(2)) by The Insolvency (Amendment) Rules 1987 (S.I. 1987/1919), rule 1, Sch. para. 36(2)"
    },
    {
      "type": "F",
      "label": "F10",
      "text": "Words in rule 4.7(7)(b) substituted (15.9.2003) by The Insolvency (Amendment) Rules 2003 (S.I. 2003/1730), rule 1(2), Sch. 1 para. 13(b)"
    },
    {
      "type": "F",
      "label": "F11",
      "text": "Rule 4.7(7)(c) substituted (1.4.2005) by The Insolvency (Amendment) Rules 2005 (S.I. 2005/527), rules 1(2), 18"
    },
    {
      "type": "F",
      "label": "F12",
      "text": "Rule 4.7(8) substituted (15.9.2003) by The Insolvency (Amendment) Rules 2003 (S.I. 2003/1730), rule 1(2), Sch. 1 para. 13(d)"
    },
    {
      "type": "I",
      "label": "I1",
      "text": "Rule 4.7 in force at 29.12.1986, see rule 0.1"
    }
  ],
  "outstanding_effects": [
    {
      "type": "substituted for rule 4.54(5)",
      "affecting": "uksi/2010/686",
      "affecting_title": "The Insolvency (Amendment) Rules 2010"
    }
  ],
  "provenance": {
    "source": "legislation.gov.uk",
    "source_url": "https://www.legislation.gov.uk/uksi/1986/1925/rule/4.7",
    "retrieved_at": "2026-10-29T16:38:55.219722+00:00"
  },
  "licence": "Open Government Licence v3.0",
  "licence_url": "https://www.nationalarchives.gov.uk/doc/open-government-licence/version/3/",
  "attribution": "Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives."
}