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- Point in Time (25/09/1991)
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Version Superseded: 01/10/1991
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Insurance Companies Act 1982 (repealed), Section 54 is up to date with all changes known to be in force on or before 14 August 2024.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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(1)The Secretary of State may present a petition for the winding up, in accordance with [F1Part IV or V of the Insolvency Act 1986], of an insurance company to which this Part of this Act applies, being a company which may be wound up by the court under the provisions of that Act, on the ground—
(a)that the company is unable to pay its debts within the meaning of sections [F1123 or sections 222 to 224] of that Act;
(b)that the company has failed to satisy an obligation to which it is or was subject by virtue of this Act or any enactment repealed by this Act or by the M1Insurance Companies Act 1974; or
[F2(bb)that the company has failed to satisfy an obligation to which it is subject by virtue of any provision of the law of another member State giving effect to the general insurance Directives;]
(c)that the company, being under the obligation imposed by [F3sections 221 and 222 of the Companies Act] with respect to the keeping of accounting records, has failed to satisfy that obligation or to produce records kept in satisfaction of that obligation and that the Secretary of State is unable to ascertain its financial position.
(2)The Secretary of State may present a petition for the winding up, in accordance with the [F4Companies (Northern Ireland) Order 1986][F4Part V or VI of the Insolvency (Northern Ireland) Order 1989], of an insurance company to which this Part of this Act applies, being a company which may be wound up by the court under the provisions of that Act, on the ground—
(a)that the company is unable to pay its debts within the meaning of F5[F6Articles 479 and 480 or Articles 616 to 619][F6Article 103 or Articles 186 to 188] of that Order
(b)that the company has failed to satisfy an obligation to which it is or was subject by virtue of this Act or any enactment repealed by this Act or by the M2Insurance Companies Act 1980; or
[F7(bb)that the company has failed to satisfy an obligation to which it is subject by virtue of any provision of the law of another member State giving effect to the general insurance Directives;]
(c)that the company, being under an obligation imposed by F8Articles 229 to 231 of the [F9Companies (Northern Ireland) Order 1986][F9Part V or VI of the Insolvency (Northern Ireland) Order 1989] with respect to the keeping of accounting records, has failed to satisfy that obligation or to produce records kept in satisfaction of that obligation and that the Secretary of State is unable to ascertain its financial position;
and [F10Article 433 of the said Order of 1986] shall have effect in relation to such an insurance company as if any reference to the Department of Commerce for Northern Ireland were a reference to the Secretary of State.
(3)In any proceedings on a petition to wind up an insurance company presented by the Secretary of State under subsection (1) of (2) above, evidence that the company was insolvent—
(a)at the close of the period to which—
(i)the accounts and balance sheet of the company last deposited under section 22 above; or
(ii)any statement of the company last deposited under section 25 above,
relate; or
(b)at any date or time specified in a requirement under section 42 or 44 above,
shall be evidence that the company continues to be unable to pay its debts, unless the contrary is proved.
(4)If, in the case of an insurance company to which this Part of this Act applies, being a company which may be wound up by the court under the provisions of the [F11Insolvency Act 1986] or, as the case may be, the [F12Companies (Northern Ireland) Order 1986][F12Insolvency (Northern Ireland) Order 1989], it appears to the Secretary of State that it is expedient in the public interest that the company should be wound up, he may, unless the company is already being wound up by the court, present a petition for it to be so wound up if the court thinks it just and equitable for it to be so wound up.
(5)Where a petition for the winding up of an insurance company to which this Part of this Act applies is presented by a person other than the Secretary of State, a copy of the petition shall be served on him and he shall be entitled to be heard on the petition.
Textual Amendments
F1Words substituted by Insolvency Act 1986 (c. 45, SIF 66), s. 439(2), Sch. 14
F2S. 54(1)(bb) inserted by S.I. 1990/1333, reg. 8(3)
F3Words substituted by Companies Consolidation (Consequential Provisions) Act 1985 (c. 9, SIF 27), s. 30, Sch. 2
F4Words commencing “Part V or VI" substituted (prosp.) for words “Companies (Northern Ireland) Order 1986" by S.I. 1989/2405 (N.I. 19), arts. 1(2), 381(2), Sch. 9 para. 34(a)(i) (the latter words having previously been substituted by S.I. 1986/1035 (N.I. 9), art. 23, Sch. 1 Pt. II)
F5Words substituted by S.I. 1986/1035 (N.I. 9), art. 23, Sch. 1 Pt. II
F6Words “Article 103" to “188" substituted (prosp.) for words “Article 479" to “619" by S.I. 1989/2405 (N.I. 19), art. 1(2), 381(2), Sch. 9 para. 34(a)(ii)
F7S. 54(2)(bb) inserted by S.I. 1990/1333, reg. 8(3)
F8Words substituted by S.I. 1986/1035 (N.I. 9), art. 23, Sch. 1 Pt. II
F9Words “Part" to “1989" substituted (prosp.) for words “Companies" to “1986" by S.I. 1989/2405 (N.I. 19), arts. 1(2), 381(2), Sch. 9 para. 34(a)(i)
F10Words substituted by S.I. 1986/1035 (N.I. 9), art. 23, Sch. 1 Pt. II
F11Words substituted by Insolvency Act 1986 (c. 45, SIF 66), s. 439(2), Sch. 14
F12 “Insolvency (Northern Ireland) Order 1989" substituted (prosp.) for “Companies (Northern Ireland) Order 1986" by S.I. 1989/2405 (N.I. 19), arts. 1(2), 381(2), Sch. 9 para. 34(b)(i) (the latter words having previously been substituted by S.I. 1986/1035 (N.I. 9), art. 23, Sch. 1 Pt. II)
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