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1. Further to the above question, can I present a winding-up petition against “ABC Trading Company” if it has refused to repay a debt to me?

The answer depends on whether “ABC Trading Company” is a limited company or not. Usually a limited company will include the word “Limited” or “Ltd” as part of its name. However, in the course of conducting business, a limited company may use a “trade name”, i.e. a name other than its “real name”. Therefore, your best course of action is to do a company search at the Companies Registry and a business registration search at the Inland Revenue Department in order to find out the full registered identity of the company in question, or the name of the limited company that owns the “trade name” (i.e. ABC Trading Company).

 

If you have clarified that “ABC Trading Company” is a limited company, then you can institute winding-up proceedings against it (by specifying its “real name”, such as ABC Trading Company Limited, in the winding-up petition). If “ABC Trading Company” is not a limited company then it cannot be subject to winding-up procedures.

 

If “ABC Trading Company” is not a limited company and is owned by an individual person (or several partners), you should commence bankruptcy proceedings against that person(s). You can find out the details of a sole-proprietor or partners,  by doing a business registration search at the Inland Revenue Department.

 

 

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