Cayman civil and statutory proceedings
When must a company oppose a Cayman creditor petition by affidavit?
Within fourteen days from service. File the opposition affidavit and serve it on the petitioner. This is company evidence in the creditor-petition branch, not a generic deadline for any creditor to oppose any petition. Cross-examination notice is a separate step.
- Period
- Within fourteen days from service
- Trigger
- Service of the petition on the company
- Rule
- Companies Winding Up Rules (2023 Consolidation), Order 3, rule 9(1) (creditor's petition only)
Companies Winding Up Rules (2023 Consolidation), Order 3, rule 9(1) (creditor's petition only). Official current index and full primary bodies retained October 10, 2026.
Source guide · No automated date
Check the applicable procedure
This is company evidence in the creditor-petition branch, not a generic deadline for any creditor to oppose any petition. Cross-examination notice is a separate step. Establish service of the petition on the company and the actual completion required to file the opposition affidavit and serve it on the petitioner.
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When must a company oppose a Cayman creditor petition by affidavit?
Within fourteen days from service. File the opposition affidavit and serve it on the petitioner. This is company evidence in the creditor-petition branch, not a generic deadline for any creditor to oppose any petition. Cross-examination notice is a separate step.
Responsible actor. Company intending to oppose a creditor’s winding-up petition.
Service of the petition on the company.
This is company evidence in the creditor-petition branch, not a generic deadline for any creditor to oppose any petition. Cross-examination notice is a separate step.
This is company evidence in the creditor-petition branch, not a generic deadline for any creditor to oppose any petition. Cross-examination notice is a separate step.
Companies Winding Up Rules (2023 Consolidation), Order 3, rule 9(1) (creditor's petition only)How does this provision count time?
- Establish service of the petition on the company.
- File the opposition affidavit and serve it on the petitioner.
- Use actual company service, not presentation or advertisement, as the fourteen-day event.
- Both filing and petitioner service must be established. A carried filing day does not automatically extend service.
Use actual company service, not presentation or advertisement, as the fourteen-day event.
Both filing and petitioner service must be established. A carried filing day does not automatically extend service.
Companies Winding Up Rules (2023 Consolidation), Order 3, rule 9(1) (creditor's petition only)Which facts prevent one automatic date?
This is company evidence in the creditor-petition branch, not a generic deadline for any creditor to oppose any petition. Cross-examination notice is a separate step. Establish service of the petition on the company and the actual completion required to file the opposition affidavit and serve it on the petitioner.
Company intending to oppose a creditor’s winding-up petition establishes service of the petition on the company. Use actual company service, not presentation or advertisement, as the fourteen-day event. Within fourteen days from service. File the opposition affidavit and serve it on the petitioner. 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 opposition affidavit and serve it on the petitioner. Both filing and petitioner service must be established. A carried filing day does not automatically extend service. Establish the applicable closure and completion rule. This guide does not supply an assumed carried date.
A creditor mistakes the company’s opposition-evidence period for the creditor’s appearance notice. This is company evidence in the creditor-petition branch, not a generic deadline for any creditor to oppose any petition. Cross-examination notice is a separate step. 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
- This is company evidence in the creditor-petition branch, not a generic deadline for any creditor to oppose any petition. Cross-examination notice is a separate step.
- Count and complete the actual act
- Use actual company service, not presentation or advertisement, as the fourteen-day event. Both filing and petitioner service must be established. A carried filing day does not automatically extend service.
- Actor and required completion
- Company intending to oppose a creditor’s winding-up petition. File the opposition affidavit and serve it on the petitioner.
- This is company evidence in the creditor-petition branch, not a generic deadline for any creditor to oppose any petition. Cross-examination notice is a separate step.
- Company intending to oppose a creditor’s winding-up petition. Service of the petition on the company. File the opposition affidavit and serve it on the petitioner. This is company evidence in the creditor-petition branch, not a generic deadline for any creditor to oppose any petition. Cross-examination notice is a separate step.
What must the responsible actor complete?
Questions about this procedure
When must a company oppose a Cayman creditor petition by affidavit?
Who has the fourteen-day duty?
The company, if it intends to oppose the petition.
Companies Winding Up Rules (2023 Consolidation), Order 3, rule 9(1) (creditor's petition only)What starts the period?
Service of the petition upon the company.
Companies Winding Up Rules (2023 Consolidation), Order 3, rule 9(1) (creditor's petition only)Must the affidavit be filed and served?
Yes. Rule 9(1) requires both.
Companies Winding Up Rules (2023 Consolidation), Order 3, rule 9(1) (creditor's petition only)Who receives the affidavit?
Can a deponent be required for cross-examination?
Rule 9(2) allows the petitioner’s notice at least three days before hearing.
Companies Winding Up Rules (2023 Consolidation), Order 3, rule 9(1) (creditor's petition only)Does this replace appearance notice?
No. Appearance notice and company opposition evidence are distinct requirements.
Companies Winding Up Rules (2023 Consolidation), Order 3, rule 9(1) (creditor's petition only)Official sources and review
Provisions used (3)
| Provision | Purpose |
|---|---|
| Companies Winding Up Rules (2023 Consolidation), Order 3, rule 9(1) (creditor's petition only) | 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 |