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Insolvency Act 1986

Changes over time for: Section 202

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Version Superseded: 31/12/2020

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202 Early dissolution (England and Wales).E+W+S

(1)This section applies where an order for the winding up of a company has been made by the court in England and Wales.

(2)The official receiver, if—

(a)he is the liquidator of the company, and

(b)it appears to him—

(i)that the realisable assets of the company are insufficient to cover the expenses of the winding up, and

(ii)that the affairs of the company do not require any further investigation,

may at any time apply to the registrar of companies for the early dissolution of the company.

[F1(2A)Subsection (2B) applies where, immediately before the official receiver makes an application under subsection (2), there are EU insolvency proceedings open in respect of the company in one or more other member States.

(2B)The official receiver must send to the registrar, with the application, a statement—

(a)identifying those proceedings,

(b)identifying the member State liquidator appointed in each of those proceedings, and

(c)indicating, in relation to each of those member State liquidators, whether that member State liquidator consents to the company being dissolved.]

(3)Before making [F2an application under subsection (2)], the official receiver shall give not less than 28 days’ notice of his intention to do so to the company’s creditors [F3, other than opted-out creditors,] and contributories and, if there is an administrative receiver of the company, to that receiver.

(4)With the giving of that notice the official receiver ceases (subject to any directions under the next section) to be required to perform any duties imposed on him in relation to the company, its creditors or contributories by virtue of any provision of this Act, apart from a duty to make an application under subsection (2) [F4and send any statement under subsection (2B)].

(5)On the receipt of the official receivers’ application under subsection (2) [F5and any statement under subsection (2B)] the registrar shall forthwith register it [F6or them] and, at the end of the period of 3 months beginning with the day of the registration of the application, the company shall be dissolved [F7(except where subsection (6) applies)].

[F8(6)This subsection applies where a statement under subsection (2B) indicates that a member State liquidator does not consent to the company being dissolved.

(7)Where subsection (6) applies, the company is deemed to be 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 subsection (2B) were closed, or

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

[F9(8) However, the Secretary of State may, on the application of the official receiver or any other person who appears to the Secretary of State to be interested, give directions under section 203 at any time before the end of [F10the period in subsection (5) or (7)].]

Textual Amendments

F3Words in s. 202(3) inserted (26.5.2015 for specified purposes, 6.4.2017 for E.W. in so far as not already in force, 6.4.2019 for S. in so far as not already in force) by Small Business, Enterprise and Employment Act 2015 (c. 26), s. 164(1), Sch. 9 para. 49; S.I. 2015/1329, reg. 3(d); S.I. 2016/1020, reg. 4(e) (with reg. 5) (as amended by S.I. 2017/363, reg. 3); S.I. 2019/816, reg. 4(c) (with reg. 5)

F9S. 202(8): words in s. 202(5) renumbered as s. 202(8) (26.6.2017) by The Insolvency Amendment (EU 2015/848) Regulations 2017 (S.I. 2017/702), reg. 1, Sch. para. 10(6) (with regs. 3, 4)

Modifications etc. (not altering text)

C1Ss. 202, 203, 205 excluded (1.11.1994) by S.I. 1994/2759, reg. 3, Sch. 3 para. 91A(2)

Yn ôl i’r brig

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