Q&As

Can a statutory demand be served and enforced in the UK upon a limited company incorporated in Malta, where the company operates in the UK but its head office is in Malta?

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Published by a ÑÇÖÞÉ«ÇéÍø Restructuring & Insolvency expert
Published on: 09 December 2020
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We have assumed that the Company in question was incorporated under Maltese Law.

The key to answering this question is to understand what it means to 'enforce' a Statutory demand—presumably this means to present a winding-up petition where the debt demanded remains unpaid more than 21 days (or some other period) following service.

In that case, the first consideration would be whether the courts in England and Wales would have jurisdiction to wind up a company with its registered office situated in Malta. Malta is an EU Member State, and therefore the Recast Regulation on Insolvency, Regulation (EU) 848/2015, would apply. Jurisdiction to open main proceedings is granted to the courts of the Member State where the debtor has its center of main interests (COMI). Article 3(1) of Regulation (EU) 848/2015 provides that—(i) the COMI shall be the place where the debtor conducts the administration of its interests

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Jurisdiction(s):
United Kingdom
Related legal acts:
Key definition:
Statutory demand definition
What does Statutory demand mean?

A formal document demanding payment of a debt, the service of which is the most common precursor to the presentation of a bankruptcy petition.

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