C1C2 PART VWINDING UP OF COMPANIES REGISTERED UNDER F2the 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 VIILIQUIDATORS
Liquidator's powers and duties
Creditors' voluntary winding up141
1
This Article applies where, in the case of a creditors' voluntary winding up, a liquidator has been nominated by the company.
2
The powers conferred on the liquidator by Article 140 shall not be exercised, except with the sanction of the High Court, during the period before the holding of the creditors' meeting under Article 84.
3
Paragraph (2) does not apply in relation to the power of the liquidator—
a
to take into his custody or under his control all the property to which the company is or appears to be entitled;
b
to dispose of perishable goods and other goods the value of which is likely to diminish if they are not immediately disposed of; and
c
to do all such other things as may be necessary for the protection of the company's assets.
4
The liquidator shall attend the creditors' meeting held under Article 84 and shall report to the meeting on any exercise by him of his powers (whether or not under this Article or under Article 98 or 140).
5
If default is made—
a
by the company in complying with paragraph (1) or (2) of Article 84, or
b F1
by the directors in complying with paragraph (1) or (2) of Article 85,
the liquidator shall, within 7 days from the relevant day, apply to the High Court for directions as to the manner in which that default is to be remedied.
6
“The relevant day” means the day on which the liquidator was nominated by the company or the day on which he first became aware of the default, whichever is the later.
7
If the liquidator without reasonable excuse contravenes this Article, he shall be guilty of an offence.
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)