The Corporations Act 2001 prescribes what steps are required when effecting service of a creditor’s statutory demand on a company.
Service By Post
The most common method of service on a company is to post the creditor’s statutory demand to the debtor’s registered office. You can identify a creditor’s registered office by conducting a search of the records held by the Australian Securities and Investment Commission.
Prior to serving the creditor’s statutory demand it is recommended that you take a photocopy of the creditor’s statutory demand and the envelope that the demand was contained in as you will need to prove that the demand was served on the registered office.
Once you have posted the creditor’s statutory demand, the demand will be deemed served on the company after 5 business days of the date it was posted.
Creditor’s can serve a creditor’s statutory demand on a debtor company by personally serving a Director of the debtor company.
This is a less common method of service on a company, although is just as effective as service by post.
Stat-Demand and SD Debt Recovery operate a debt collection agency specialising in creditor’s statutory demands. We are not a law firm and we do not give legal advice. If you would to speak to a lawyer, please contact us and we will arrange for a lawyer to contact you for an obligation free discussion.