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Companies Act 1985
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- 1985 c. 6
- Part XVII
- Section 460
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Version Superseded: 01/12/2001
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460 Order on application of Secretary of State.E+W+S
(1)If in the case of any company—
(a)the Secretary of State has received a report under section 437, or exercised his powers under section 447 or 448 of this Act or [F1section 43A or 44(2) to (6)]of the M1Insurance Companies Act 1982 F2 . . ., and
(b)it appears to him that the company’s affairs are being or have been conducted in a manner which is [F3unfairly prejudicial to the interests of its members generally or of some part of its members], or that any actual or proposed act or omission of the company (including an act or omission on its behalf) is or would be so prejudicial,
he may himself (in addition to or instead of presenting a petition F2 . . . for the winding up of the company) apply to the court by petition for an order under this Part.
(2)In this section (and, so far as applicable for its purposes, in the section next following) “company” means any body corporate which is liable to be wound up under this Act.
Textual Amendments
F1Words in s. 460(1)(a) substituted (1.7.1994) by S.I. 1994/1696, reg. 68(1), Sch. 8 Pt. I para. 9(5)
F2Words in s. 460(1) repealed (01.10.1991) by Companies Act 1989 (c. 40, SIF 27), ss. 212, 213(2), Sch. 24; S.I. 1991/1996, art. 2(1)(c)(ii).
F3Words in s. 460(1) substituted (4.2.1991) by Companies Act 1989 (c. 40, SIF 27), ss. 145, 213(2), Sch. 19 para. 11(b)
Modifications etc. (not altering text)
C1S. 460 applied (with modifications) (6.4.2001) by S.I. 2001/1090, reg. 4, Sch. 2 Pt. I
C2S. 460(2) amended (E.W.) (1.12.1991) by Water Consolidation (Consequential Provisions) Act 1991 (c. 60, SIF 130), ss. 2(1), 4(2), Sch. 1 para. 40(1)
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