C2C3 PART VWINDING UP OF COMPANIES REGISTERED UNDER F3the Companies Act 2006
Pt. V modified (26.6.2020) by Corporate Insolvency and Governance Act 2020 (c. 12), ss. 13, 49(1) (with ss. 2(2), 5(2))
Pts. 1-5 modified by S.R. 2004/307 (as amended (1.10.2006) by Limited Liability Partnerships (Amendment) Regulations (Northern Ireland) 2006 (S.R. 2006/377), reg. 3, Sch. 2; (temp.) (27.4.2020 retrospective) by virtue of Corporate Insolvency and Governance Act 2020 (c. 12), Sch. 11 para. 8(1)(2), 14 (with ss. 2(2), 5(2)); (26.6.2020) by The Limited Liability Partnerships (Amendment etc.) Regulations 2020 (S.I. 2020/643), reg. 1(1), Sch. 2 (with reg. 3))
CHAPTER VIWINDING UP BY THE HIGH COURT
Grounds and effect of winding‐up petition
Circumstances in which company may be wound up by the High Court102 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,
C1b
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 F4Schedule 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
F5. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
f
the company is unable to pay its debts,
F6fa
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
g
the Court is of the opinion that it is just and equitable that the company should be wound up.
Words in Pt. V heading 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(2) (with art. 10)