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The Insolvency (Northern Ireland) Order 1989
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Changes over time for: Section 167
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Changes to legislation:
The Insolvency (Northern Ireland) Order 1989, Section 167 is up to date with all changes known to be in force on or before 25 November 2024. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations.
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Changes and effects yet to be applied to Article 167:
- Instrument amended by 1998 c. 11 s. 23 Sch. 5 Pt.1 Ch. 3 para. 40
- Instrument amended (prosp) by S.I. 1994/279 (N.I.) art. 26(1) Sch. 2 para. 15
Changes and effects yet to be applied to the whole Order associated Parts and Chapters:
Whole provisions yet to be inserted into this Order (including any effects on those provisions):
- Sch. 9 Pt. 2 para. 66 revoked by 1996 c. 23 s. 107(2) Sch. 4 (Amendment could not be applied. The relevant affected text is not available on legislation.gov.uk)
- art. 2B inserted by 2016 c. 2 (N.I.) s. 2(1)
- art. 208ZA applied (with modifications) by S.I. 2021/716, reg. 37A (as inserted) by S.I. 2023/1399 reg. 12 (This amendment not applied to Legislation.gov.uk. S. 208ZA is inserted by the Insolvency (Amendment) Act (Northern Ireland) 2016 (c. 2), s. 1(1) which is currently prospective.)
- art. 208ZA-208ZB inserted by 2016 c. 2 (N.I.) s. 1(1)
- art. 208ZB applied (with modifications) by S.I. 2021/716, reg. 37A (as inserted) by S.I. 2023/1399 reg. 12 (This amendment not applied to Legislation.gov.uk. S. 208ZB is inserted by the Insolvency (Amendment) Act (Northern Ireland) 2016 (c. 2), s. 1(1) which is currently prospective.)
- art. 345A-345B inserted by 2016 c. 2 (N.I.) s. 1(2)
Early dissolutionN.I.
167.—(1) Where an order for the winding up of a company has been made by the High Court, 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 for the early dissolution of the company.
F1(1A) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F1(1B) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(2) Before making [F2that application], the official receiver shall give not less than 28 days' notice of his intention to do so to the company's creditors and contributories and, if there is an administrative receiver of the company, to that receiver.
(3) With the giving of that notice the official receiver ceases (subject to any directions under Article 168) to be required toperform any duties imposed on him in relation to the company, its creditors or contributories by virtue of any provision of this Order, apart from a duty to make an application under paragraph (1) F3....
(4) On the receipt of the official receiver's application under paragraph (1) F4... the registrar shall forthwith register it F4... and, [F5subject to paragraph (7)], at the expiration of 3 months from the day of the registration of the application, the company shall be dissolved F6....
F7(5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F7(6) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
[F8(7)] The Department may, on the application of the official receiver or any other person who appears to the Department to be interested, give directions under Article 168 at any time before the end of [F9that period].
F1Art. 167(1A)(1B) omitted (31.12.2020) by virtue of The Insolvency (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/146), reg. 1(3), Sch. para. 173(2) (with regs. 4, 5); 2020 c. 1, Sch. 5 para. 1(1)
F2Words in art. 167(2) substituted (31.12.2020) by The Insolvency (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/146), reg. 1(3), Sch. para. 173(3) (with regs. 4, 5); 2020 c. 1, Sch. 5 para. 1(1)
F3Words in art. 167(3) omitted (31.12.2020) by virtue of The Insolvency (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/146), reg. 1(3), Sch. para. 173(4) (with regs. 4, 5); 2020 c. 1, Sch. 5 para. 1(1)
F4Words in art. 167(4) omitted (31.12.2020) by virtue of The Insolvency (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/146), reg. 1(3), Sch. para. 173(5)(a) (with regs. 4, 5); 2020 c. 1, Sch. 5 para. 1(1)
F5Words in art. 167(4) substituted (31.12.2020) by The Insolvency (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/146), reg. 1(3), Sch. para. 173(5)(b) (with regs. 4, 5); 2020 c. 1, Sch. 5 para. 1(1)
F6Words in art. 167(4) omitted (31.12.2020) by virtue of The Insolvency (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/146), reg. 1(3), Sch. para. 173(5)(c) (with regs. 4, 5); 2020 c. 1, Sch. 5 para. 1(1)
F7Art. 167(5)(6) omitted (31.12.2020) by virtue of The Insolvency (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/146), reg. 1(3), Sch. para. 173(6) (with regs. 4, 5); 2020 c. 1, Sch. 5 para. 1(1)
F8Art. 167(7): art. 167(5) renumbered as art. 167(7) (26.6.2017) by The Insolvency Amendment (EU 2015/848) Regulations 2017 (S.I. 2017/702), reg. 1, Sch. para. 105(5)(c) (with reg. 3)
F9Words in art. 167(7) substituted (31.12.2020) by The Insolvency (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/146), reg. 1(3), Sch. para. 173(7) (with regs. 4, 5); 2020 c. 1, Sch. 5 para. 1(1)
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