F1Words 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)
Modifications etc. (not altering text)
C1Pt. V modified (26.6.2020) by Corporate Insolvency and Governance Act 2020 (c. 12), ss. 13, 49(1) (with ss. 2(2), 5(2))
C2Pts. 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); (16.2.2021) by The Limited Liability Partnerships (Amendment etc.) Regulations 2021 (S.I. 2021/60), reg. 1(1), Sch. 2 (with reg. 4(2)))
C3Pts. 1-5 applied (with modifications) (4.1.2024) by S.I. 2021/716, Sch. 1A para. 3 (as inserted by The Payment and Electronic Money Institution Insolvency (Amendment) Regulations 2023 (S.I. 2023/1399), reg. 1(2), Sch. 1)
169.—(1) Where the registrar receives—
(a)a notice served for the purposes of Article 146(7) (final meeting of creditors and vacation of office by liquidator), or
(b)a notice from the official receiver that the winding up of a company by the High Court is complete,
the registrar shall, on receipt of the notice F2..., forthwith register it; and, subject to paragraphs (2) to (4), at the expiration of 3 months from the day of the registration F2... of the notice F2..., the company shall be dissolved.
F3(1A) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F3(1B) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(2) The Department may, on the application of the official receiver or any other person who appears to the Department to be interested, give a direction deferring the date at which the dissolution of the company is to take effect for such period as the Department thinks fit.
(3) An appeal to the High Court lies from any decision of the Department on an application for a direction under paragraph (2).
(4) The person—
(a)on whose application a direction is given under paragraph (2); or
(b)in whose favour an appeal with respect to an application for such a direction is determined;
shall, within 7 days from the giving of the direction, the determination of the appeal or the making of the order, deliver to the registrar for registration such a copy of the direction or determination as is prescribed.
(5) If a person without reasonable excuse contravenes paragraph (4), he shall be guilty of an offence and, for continued contravention, he shall be guilty of a continuing offence.
F2Words in art. 169(1) omitted (31.12.2020) by virtue of The Insolvency (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/146), reg. 1(3), Sch. para. 174(2) (with regs. 4, 5); 2020 c. 1, Sch. 5 para. 1(1)
F3Art. 169(1A)(1B) omitted (31.12.2020) by virtue of The Insolvency (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/146), reg. 1(3), Sch. para. 174(3) (with regs. 4, 5); 2020 c. 1, Sch. 5 para. 1(1)