Form SD1 Statutory demand, use to make demand against a company or an unregistered company under section 123(1)(a) or section 222(1)(a) of the Insolvency Act 1986 (to prove the debtor is unable to pay its debts, as a precursor to issuing a winding up petition).

Note that in certain respects this HMCTS form appears not to comply with the requirements of the IR 2016 (or to mis-describe the information which should be included in it).

That appears to be the case:

In the italicised guidance note in Section 1 relating to the registered number of the debtor company, where "England and Wales" is specified in the HMCTS form rather than the UK.

In Section 1 of the HMCTS form, where the registered office (if any) of a company incorporated outside the UK is required to appear before, rather than after, its other identification details (contrary to rule 1.8, IR 2016 unless the creditor considers it convenient for the company for those items to be set out in that order (see rule 1.8(2), IR 2016)), or is possibly not required to be included at all.

In Section 3, in the phrasing of the reference to the individual(s) with whom the company may communicate (prior to their details being set out).

In the phrasing of the note which informs the company of its right to apply for an injunction to restrain the presentation or advertisement of a winding-up petition.

It should be noted additionally that:

In Section 1 of the HMCTS form, the name and address of the creditor do not precede, but follow, the statement required by rule 7.3, IR 2016 referring to s.123(1)(a) or s.222(1)(a). This is contrary to rule 1.8, IR 2016 unless the creditor considers it convenient for the company for those items to be set out in that order (see rule 1.8(2), IR 2016).

The HMCTS form erroneously cross-refers, in the section headed "How to comply with a statutory demand", to "Part A" rather than to Section 3.

Further information is set out in Statutory demand under s123(1)(a) or 222(1)(a) of IA 1986.