The Insolvency (Northern Ireland) Order 1989

Dissolution otherwise than under Article 167 N.I.

169.—(1) Where the registrar receives—

(a) a notice served for the purposes of Article 146(7) (final meeting of creditors and vacation of office by liquidator), or

(b) a notice from the official receiver that the winding up of a company by the High Court is complete,

the registrar shall, on receipt of the notice [F1 and any statement under Article 124(7) or 124A(2),] forthwith register it; and, subject to paragraphs (2) to (4), at the expiration of 3 months from the day of the registration [F2 of the final account or notice] of the notice [F1 and any statement under Article 124(7) or 124A(2),] the company shall be dissolved.

[F3 (1A) Paragraph (1B) applies where a statement under Article 124(7) or 124A(2) indicates that a member State liquidator does not consent to the company being dissolved.

(1B) The company is not dissolved at the end of the period mentioned in paragraph (1) but is instead dissolved at the end of the period of 3 months beginning with the date (if any) recorded in the register as the date on which the registrar was notified that—

(a) all proceedings identified in the statement under Article 124(7) or 124A(2) were closed; or

(b) every member State liquidator appointed in those proceedings consented to the company being dissolved.]

(2) The Department may, on the application of the official receiver or any other person who appears to the Department to be interested, give a direction deferring the date at which the dissolution of the company is to take effect for such period as the Department thinks fit.

(3) An appeal to the High Court lies from any decision of the Department on an application for a direction under paragraph (2).

(4) The person—

(a) on whose application a direction is given under paragraph (2); or

(b) in whose favour an appeal with respect to an application for such a direction is determined;

shall, within 7 days from the giving of the direction, the determination of the appeal or the making of the order, deliver to the registrar for registration such a copy of the direction or determination as is prescribed.

(5) If a person without reasonable excuse contravenes paragraph (4), he shall be guilty of an offence and, for continued contravention, he shall be guilty of a continuing offence.

F1 Words in art. 169(1) inserted (26.6.2017) by The Insolvency Amendment (EU 2015/848) Regulations 2017 (S.I. 2017/702), reg. 1, Sch. para. 107(2)(a) (with reg. 3)

F2 Words in art. 169(1) inserted (26.6.2017) by The Insolvency Amendment (EU 2015/848) Regulations 2017 (S.I. 2017/702), reg. 1, Sch. para. 107(2)(b) (with reg. 3)

F3 Art. 169(1A)(1B) inserted (26.6.2017) by The Insolvency Amendment (EU 2015/848) Regulations 2017 (S.I. 2017/702), reg. 1, Sch. para. 107(3) (with reg. 3)