Statutory Demand Template

STATUTORY DEMAND

To: [Name of Company] (ACN [Insert ACN] / ABN [Insert ABN]) Of: [Registered Office Address of Company]

Take notice that a demand is hereby made under section 459E of the Corporations Act 2001 (the Act) on the company named above for payment of the amount of $[Amount in Words] ($[Amount in Numbers]).

DETAILS OF THE DEBT

1. The debt arises from [Description of goods supplied or services performed].
2. The date of the invoice(s) for this debt is [Date of Invoice].
3. The invoice number(s) is/are [Invoice Number].
4. The debt became due and payable on [Date Due].

REASON FOR DEMAND

The company has failed to pay the debt despite previous requests for payment.

DEMAND FOR PAYMENT

The demand of the creditor is for the payment of the above amount.

PLEASE NOTE THE FOLLOWING:

Under the Act, the company has 21 days after this demand is served on the company to do one of the following:

(a) Pay the amount of the debt. (b) Secure or compound for the debt to the reasonable satisfaction of the creditor. (c) Apply to the Court for an order setting aside this demand.

If the company does not do one of these things within the 21 day period, the company is presumed to be insolvent. This allows the creditor to apply to the Court for the winding up of the company.

Dated: [Date of Signing]

Signature: __________________________

[Name of Creditor Representative] [Name of Creditor Company] [Address of Creditor] [Phone Number of Creditor] [Email of Creditor]

AFFIDAVIT OF VERIFICATION

I, [Full Name of Deponent], of [Address of Deponent], [Occupation], say on oath and as follows:

1. I am the [Position, e.g. Financial Controller] of [Name of Creditor Company], the creditor named in the accompanying statutory demand.
2. The company named in the statutory demand owes the creditor the sum of $[Amount in Numbers] for the supply of [Description of goods/services].
3. The debt is due and payable.
4. There is no genuine dispute about the existence or amount of the debt.
5. The debt is not secured.

SWORN at [Place] this [Day] day of [Month], [Year].

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Signature of Deponent

Before me:

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Signature of Witness [Justice of the Peace / Solicitor etc.]

[Qualified Witness Number or Registration]