The Insolvency Rules 1986

Winding up by the court: the various forms of petition E+W

4.2.—(1) Insofar as the Rules in this Part apply to winding up by the court, they apply (subject as follows) whether the petition for winding up is presented under any of the several paragraphs of section 122(1), namely—

• paragraph (a)—company special resolution for winding up by the court;

• paragraph (b)—public company without certificate under section 117 of the Companies Act;

• paragraph (c)—old public company;

• paragraph (d)—company not commencing business after formation, or suspending business;

• paragraph (e)—number of company's members reduced below 2;

• paragraph (f)—company unable to pay its debts;

• paragraph (g)—court's power under the “just and equitable” rule,

or under any enactment enabling the presentation of a winding-up petition.

(2) Except as provided by the following two paragraphs or by any particular Rule, the Rules apply whether the petition for winding up is presented by the company, the directors, one or more creditors, one or more contributories, the Secretary of State, the official receiver, or any person entitled under any enactment to present such a petition.

(3) Chapter 2 (statutory demand) has no application except in relation to an unpaid creditor of the company satisfying section 123(1)(a) (the first of the two cases specified, in relation to England and Wales, of the company being deemed unable to pay its debts within section 122(1)(f)) or section 222(1) (the equivalent provision in relation to unregistered companies).

(4) Chapter 3 (petition to winding-up order) has no application to a petition for winding up presented by one or more contributories; and in relation to a petition so presented Chapter 4 has effect.

Commencement Information

I1 Rule 4.2 in force at 29.12.1986, see rule 0.1