Originating Application (Company) R14A

Summary

This is a blank court form, Form R14A, prescribed under the BVI Insolvency Act 2003 and Insolvency Rules 2005 for use in the Eastern Caribbean Supreme Court. It is the template an applicant completes to bring an Originating Application in respect of a company under Rule 14 of the Insolvency Rules, seeking a specific order from the Master or Judge.

• Purpose: Used to apply for a court order under a specified section of the Insolvency Act 2003 concerning a company in insolvency proceedings
• Content required: Company name, respondent details, hearing date/time, applicant details, the section of the Act relied on and details of the order sought
• Supporting material: A draft order and either an affidavit or written grounds must accompany the application
• Service and notice: Names and addresses of persons to be served and persons entitled to notice under the Act and Rules must be listed
• Filing details: Identification of who files the application (applicant or their solicitors) and an address for service

The document itself imposes no standalone regulatory obligations beyond the procedural requirements of completing and filing this form correctly when initiating the relevant insolvency application.

Key obligations

• An applicant using this form must attach a draft of the order sought
• An applicant must set out grounds for the order either in an attached affidavit or in the form itself
• An applicant must list the names and addresses of persons to be served with the application, or state that no person is intended to be served
• An applicant must list the names and addresses of persons required to be given notice of the application under the Act and Rules
• The application must state an address for service of the applicant or their solicitors

Applies to

companies subject to insolvency proceedings, applicants in insolvency proceedings, respondents to insolvency applications, solicitors acting for applicants