Company director discussing business rescue and insolvency options

Time sensitive guidance

A formal demand with a short deadline

Statutory Demand Against a Company

A statutory demand should be checked immediately. Ignoring it can allow a creditor to pursue a winding up petition.

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Understand the position

Clear information before you decide what to do next

What company directors should do after receiving a statutory demand, including the 21 day response period and winding up risk.

  • Confirm the service date and debt details
  • A company normally has 21 days to respond
  • Legal advice may be needed where the debt is disputed

Check the document and date of service

A statutory demand is a formal written demand for payment. The company normally has 21 days to pay or reach an agreement. The amount, creditor, basis of debt and service date should be checked straight away.

Company demands are handled differently

A statutory demand served on a company is not set aside using the individual bankruptcy procedure. Where there is a genuine dispute or other ground, the company may need legal advice about applying to restrain a winding up petition.

Use the deadline to decide a credible route

Possible responses include payment, settlement, an agreed plan, a CVA, administration or voluntary liquidation. The route depends on whether the debt is valid and whether the company remains viable.

Practical next steps

What to prepare now

A clearer picture helps the first conversation focus on realistic options.

  1. Record the exact date the demand was received
  2. Check the creditor and amount claimed
  3. Gather evidence of any genuine dispute
  4. Seek legal and insolvency advice without delay

Common questions

Statutory Demand Against a Company FAQs

How long does a company have to respond?

A company normally has 21 days to pay or reach an agreement after a statutory demand is served.

Can a company apply to set aside the demand?

The set aside procedure applies to individuals. A company may instead need to seek a court injunction restraining a petition, which requires legal advice.

What happens after 21 days?

If the qualifying debt remains unresolved, the creditor may use the demand as evidence when applying to wind up the company.

This page provides general information and is not legal, tax or financial advice. The right action depends on the company’s circumstances. Formal insolvency procedures must be handled by an appropriately authorised professional.

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Explain what is happening and receive a clear outline of the routes worth considering.

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