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Changes over time for: Cross Heading: Commencement of winding up


Timeline of Changes
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Version Superseded: 01/10/2009
Status:
Point in time view as at 27/09/2005.
Changes to legislation:
Insolvency Act 1986, Cross Heading: Commencement of winding up is up to date with all changes known to be in force on or before 09 March 2025. 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.

Changes to Legislation
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Commencement of winding upE+W+S
129 Commencement of winding up by the court.E+W+S
(1)If, before the presentation of a petition for the winding up of a company by the court, a resolution has been passed by the company for voluntary winding up, the winding up of the company is deemed to have commenced at the time of the passing of the resolution; and unless the court, on proof of fraud or mistake, directs otherwise, all proceedings taken in the voluntary winding up are deemed to have been validly taken.
[(1A)Where the court makes a winding-up order by virtue of paragraph 13(1)(e) of Schedule B1, the winding up is deemed to commence on the making of the order.]
(2)In any other case, the winding up of a company by the court is deemed to commence at the time of the presentation of the petition for winding up.
Textual Amendments
Modifications etc. (not altering text)
130 Consequences of winding-up order.E+W+S
(1)On the making of a winding-up order, a copy of the order must forthwith be forwarded by the company (or otherwise as may be prescribed) to the registrar of companies, who shall enter it in his records relating to the company.
(2)When a winding-up order has been made or a provisional liquidator has been appointed, no action or proceeding shall be proceeded with or commenced against the company or its property, except by leave of the court and subject to such terms as the court may impose.
(3)When an order has been made for winding up a company registered under section 680 of the Companies Act, no action or proceeding shall be commenced or proceeded with against the company or its property or any contributory of the company, in respect of any debt of the company, except by leave of the court, and subject to such terms as the court may impose.
(4)An order for winding up a company operates in favour of all the creditors and of all contributories of the company as if made on the joint petition of a creditor and of a contributory.
Modifications etc. (not altering text)
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