Search Legislation

The Insolvency Rules 1986

 Help about what version

What Version

 Help about advanced features

Advanced Features

 Help about opening options

Opening OptionsExpand opening options

Changes over time for: Section 4.2

 Help about opening options

Alternative versions:

Status:

This revised version has been created from an electronic version contributed by Westlaw which was originally derived from the printed publication. Read more

Changes to legislation:

There are outstanding changes not yet made by the legislation.gov.uk editorial team to The Insolvency Rules 1986. Any changes that have already been made by the team appear in the content and are referenced with annotations. Help about Changes to Legislation

Winding up by the court: the various forms of petitionE+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

I1Rule 4.2 in force at 29.12.1986, see rule 0.1

Back to top

Options/Help

You have chosen to open The Whole Instrument without Schedules

The Whole Instrument without Schedules you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.

Would you like to continue?

You have chosen to open The Whole Instrument without Schedules as a PDF

The Whole Instrument without Schedules you have selected contains over 200 provisions and might take some time to download.

Would you like to continue?