Cayman civil and statutory proceedings
When must a Cayman creditor petition’s service affidavit be filed?
Within seven days of presentation. File the affidavit of service. The hearing must be fixed before filing the petition. The petition and evidence must be served immediately after presentation, with additional Authority service for regulated business.
- Period
- Within seven days of presentation
- Trigger
- Presentation of the creditor’s petition
- Rule
- Companies Winding Up Rules (2023 Consolidation), Order 3, rule 5(5)
Companies Winding Up Rules (2023 Consolidation), Order 3, rule 5(5). Official current index and full primary bodies retained October 10, 2026.
Source guide · No automated date
Check the applicable procedure
The hearing must be fixed before filing the petition. The petition and evidence must be served immediately after presentation, with additional Authority service for regulated business. Establish presentation of the creditor’s petition and the actual completion required to file the affidavit of service.
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When must a Cayman creditor petition’s service affidavit be filed?
Within seven days of presentation. File the affidavit of service. The hearing must be fixed before filing the petition. The petition and evidence must be served immediately after presentation, with additional Authority service for regulated business.
Responsible actor. Creditor petitioner.
Presentation of the creditor’s petition.
The hearing must be fixed before filing the petition. The petition and evidence must be served immediately after presentation, with additional Authority service for regulated business.
The hearing must be fixed before filing the petition. The petition and evidence must be served immediately after presentation, with additional Authority service for regulated business.
Companies Winding Up Rules (2023 Consolidation), Order 3, rule 5(5)How does this provision count time?
- Establish presentation of the creditor’s petition.
- File the affidavit of service.
- Presentation, not subsequent service or hearing, starts the seven-day filing period. Confirm the governing computation and actual filing event.
- A Court Office filing boundary needs its applicable closure rule. The nominal seven-day count alone cannot prove completion.
Presentation, not subsequent service or hearing, starts the seven-day filing period. Confirm the governing computation and actual filing event.
A Court Office filing boundary needs its applicable closure rule. The nominal seven-day count alone cannot prove completion.
Companies Winding Up Rules (2023 Consolidation), Order 3, rule 5(5)Which facts prevent one automatic date?
The hearing must be fixed before filing the petition. The petition and evidence must be served immediately after presentation, with additional Authority service for regulated business. Establish presentation of the creditor’s petition and the actual completion required to file the affidavit of service.
Creditor petitioner establishes presentation of the creditor’s petition. Presentation, not subsequent service or hearing, starts the seven-day filing period. Confirm the governing computation and actual filing event. Within seven days of presentation. File the affidavit of service. Establish the actual completion facts before calculating a final date.
A proposed completion or status boundary intersects a closure or holiday while the party seeks to file the affidavit of service. A Court Office filing boundary needs its applicable closure rule. The nominal seven-day count alone cannot prove completion. Establish the applicable closure and completion rule. This guide does not supply an assumed carried date.
The petition is served several days after presentation, although immediate service was required. The hearing must be fixed before filing the petition. The petition and evidence must be served immediately after presentation, with additional Authority service for regulated business. Resolve the changed source branch and required completion. The nominal period alone does not establish this scenario.
Which conditions and exceptions apply?
- Actual procedure and branch
- The hearing must be fixed before filing the petition. The petition and evidence must be served immediately after presentation, with additional Authority service for regulated business.
- Count and complete the actual act
- Presentation, not subsequent service or hearing, starts the seven-day filing period. Confirm the governing computation and actual filing event. A Court Office filing boundary needs its applicable closure rule. The nominal seven-day count alone cannot prove completion.
- Actor and required completion
- Creditor petitioner. File the affidavit of service.
- The hearing must be fixed before filing the petition. The petition and evidence must be served immediately after presentation, with additional Authority service for regulated business.
- Creditor petitioner. Presentation of the creditor’s petition. File the affidavit of service. The hearing must be fixed before filing the petition. The petition and evidence must be served immediately after presentation, with additional Authority service for regulated business.
What must the responsible actor complete?
Questions about this procedure
When must a Cayman creditor petition’s service affidavit be filed?
Does service start this seven-day period?
No. Rule 5(5) uses presentation of the petition.
Companies Winding Up Rules (2023 Consolidation), Order 3, rule 5(5)Must a hearing date be fixed first?
Yes. Rule 5(1) and (2) require assignment and a hearing date before filing.
Companies Winding Up Rules (2023 Consolidation), Order 3, rule 5(5)When must the company receive the petition?
Immediately after presentation under rule 5(3).
Companies Winding Up Rules (2023 Consolidation), Order 3, rule 5(5)What must be served with it?
The verifying and supporting affidavits and any separate hearing notice.
Companies Winding Up Rules (2023 Consolidation), Order 3, rule 5(5)Must a regulator receive copies?
Rule 5(4) requires Authority service if the company carries on regulated business.
Companies Winding Up Rules (2023 Consolidation), Order 3, rule 5(5)Does filing an affidavit cure late petition service?
Do not assume it does. The filing and immediate-service duties are distinct.
Companies Winding Up Rules (2023 Consolidation), Order 3, rule 5(5)Official sources and review
Provisions used (3)
| Provision | Purpose |
|---|---|
| Companies Winding Up Rules (2023 Consolidation), Order 3, rule 5(5) | Check the identified procedure, event, counting rule or qualification |
| Companies Act (2026 Revision), sections 91B, 92, 93 and 94 | Check the identified procedure, event, counting rule or qualification |
| Companies Act (2026 Revision), Schedule 5 fee erratum | Check the identified procedure, event, counting rule or qualification |