Part XXIII Oversea Companies
F1CHAPTER IV WINDING UP ETC.
F2703P Particulars to be delivered to the registrar: winding up.
1
Subject to subsection (8), where a company to which this Chapter applies is being wound up, it shall deliver to the registrar for registration a return in the prescribed form containing the following particulars—
a
the name of the company;
b
whether the company is being wound up by an order of a court and, if so, the name and address of the court and the date of the order;
c
if the company is not being so wound up, as a result of what action the winding up has commenced;
d
whether the winding up has been instigated by:
i
the company’s members;
ii
the company’s creditors; or
iii
some other person or persons,
and, in the case of (iii) the identity of that person or those persons shall be given; and
e
the date on which the winding up became or will become effective.
2
The period allowed for delivery of a return under subsection (1) above is 14 days from the date on which the winding up begins.
3
Subject to subsection (8), a person appointed to be the liquidator of a company to which this Chapter applies shall deliver to the registrar for registration a return in the prescribed form containing the following particulars—
a
his name and address,
b
the date of his appointment, and
c
a description of such of his powers, if any, as are derived otherwise than from the general law or the company’s constitution.
4
The period allowed for delivery of a return under subsection (3) above is 14 days from the date of the liquidator’s appointment.
5
Subject to subsection (8), the liquidator of a company to which this Chapter applies shall deliver to the registrar for registration a return in the prescribed form upon the occurrence of the following events—
a
the termination of the winding up of the company, and
b
the company ceasing to be registered, in circumstances where ceasing to be registered is an event of legal significance.
The following particulars shall be given:
i
in the case of (a), the name of the company and the date on which the winding up terminated; and
ii
in the case of (b), the name of the company and the date on which the company ceased to be registered.
6
The period allowed for delivery of a return under subsection (5) is 14 days from the date of the event concerned.
7
The obligation to deliver a return under subsection (1), (3) or (5) above shall apply in respect of each branch which the company has in Great Britain (though where the company has more than one branch in a part of Great Britain a return which gives the branch numbers of two or more such branches is to be regarded as a return in respect of each branch whose number is given).
8
No return is required under subsection (1), (3), or (5) above in respect of a winding up under Part V of the Insolvency Act 1986. M1
Chapter IV (ss. 703O-703R) inserted (1.1.1993) by S.I. 1992/3179, reg. 3, Sch. 2 para.19.