# The Insolvency Rules (Northern Ireland) 1991, Rule 4.007: Presentation and filing of petition


(1) The petition, verified by affidavit in accordance with Rule 4.012, shall be filed in court.FORM 4.02FORM 4.03
(2) No petition shall be filed unless there is produced with it the receipt for the deposit payable on presentation.
(3) If the petitioner is other than the company itself, there shall be delivered with the petition—
(a) one copy for service on the company, and
(b) one copy to be exhibited to the affidavit verifying service.
(4) There shall in any case be delivered with the petition—
(a) if the company is in the course of being wound up voluntarily, and a liquidator has been appointed, one copy of the petition to be sent to him;
(b) if an administration order is in force in relation to the company, one copy to be sent to the administrator;
(c) if an administrative receiver has been appointed in relation to the company, one copy to be sent to him;
(d) if there is in force for the company a voluntary arrangement under Part II of the Order, one copy for the supervisor of the arrangement; and
(e) if the company is an authorised institution or former authorised institution within the meaning of the Banking Act 1987 and the petitioner is not the Bank of England, one copy to be sent to the Bank.
(5) Each of the copies delivered shall have applied to it the seal of the court, and shall be issued to the petitioner.
(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).
(7) Where a petition is filed at the instance of a company's administrator the petition shall—
(a) be expressed to be the petition of the company by its administrator,
(b) state the name of the administrator, the number of the petition on which the administration order was made and the date of that order, and
(c) contain an application under Article 30 requesting that the administration order be discharged and that the court make any such order consequential upon that discharge as it thinks fit.
(8) Any petition such as is mentioned in paragraph (7) or any petition presented by the supervisor of a voluntary arrangement under Part II of the Order in force for the company shall be treated as if it were a petition filed by contributories, and Chapter 4 shall apply accordingly.
(9) Where a petition contains a request for the appointment of a person as liquidator in accordance with Article 119 (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—
(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
(b) details of any response from creditors to that notification, including any objections to his appointment.
[E.R.4.7]

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Source: https://www.legislation.gov.uk/nisr/1991/364/rule/4.007 (the official version)
Page: https://openlegislation.uk/insolvency-rules-northern-ireland-1991/rule-4.007
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.