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The Insolvency (Northern Ireland) Order 1989, Section 102 is up to date with all changes known to be in force on or before 06 September 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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102 .F1 A company may be wound up by the High Court if—
(a)the company has by special resolution resolved that the company be wound up by the Court,
(b)being a public company which was registered as such on its original incorporation, the company has not been issued with [F2a trading certificate under section 761 of the Companies Act 2006 (requirement as to minimum share capital)] and more than a year has expired since it was so registered,
(c)it is an old public company, within the meaning of [F3Schedule 3 to the Companies Act 2006 (Consequential Amendments, Transitional Provisions and Savings) Order 2009],
(d)the company does not commence its business within one year from its incorporation or suspends its business for a year,
(e)F4. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(f)the company is unable to pay its debts,
[F5(fa)at the time at which a moratorium for the company under Article 14A comes to an end, no voluntary arrangement approved under Part II has effect in relation to the company]
(g)the Court is of the opinion that it is just and equitable that the company should be wound up.
F1mod. by SR 2004/307
F2Words in art. 102(b) substituted (6.4.2008) by Companies Act 2006 (Consequential Amendments etc) Order 2008 (S.I. 2008/948), arts. 2(2), 3(1)(b), Sch. 1 para. 168 (with arts. 6, 11, 12)
F3Words in art. 102(c) substituted (1.10.2009) by Companies Act 2006 (Consequential Amendments, Transitional Provisions and Savings) Order 2009 (S.I. 2009/1941), arts. 2(1), 8, Sch. 1 para. 111(13) (with art. 10)
F4Art. 102(e) omitted (12.5.2011) by virtue of Companies Act 2006 (Consequential Amendments and Transitional Provisions) Order 2011 (S.I. 2011/1265), arts. 1(2), 7(3)
Modifications etc. (not altering text)
C1Art. 102(b) excluded by European Public Limited-Liability Company Regulations 2004 (S.I. 2004/2326), Sch. 4 para. 9(c) (as inserted (1.10.2009) by virtue of European Public Limited-Liability Company (Amendment) Regulations 2009 (S.I. 2009/2400), reg. 40(9)(c))
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