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The Debt Behind the Demand: Insolvency Is Procedural, Debt Is Evidential
A statutory demand remains one of the most powerful debt recovery mechanisms available to creditors. If a company fails to comply with a demand or apply to set it aside within the statutory timeframe, a presumption of insolvency arises. From there, a winding up order can follow quickly - often with serious immediate consequences, particularly for small to medium-sized enterprises. It is sometimes assumed that, once those procedural checkpoints have been crossed, the amount cl
By Sharon Giardina
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