Part IV Winding Up of Companies Registered under the Companies Acts
Chapter VI Winding Up by the Court
The liquidator’s functions
143 General functions in winding up by the court.
(1)
The functions of the liquidator of a company which is being wound up by the court are to secure that the assets of the company are got in, realised and distributed to the company’s creditors and, if there is a surplus, to the persons entitled to it.
(2)
It is the duty of the liquidator of a company which is being wound up by the court in England and Wales, if he is not the official receiver—
(a)
to furnish the official receiver with such information,
(b)
to produce to the official receiver, and permit inspection by the official receiver of, such books, papers and other records, and
(c)
to give the official receiver such other assistance,
as the official receiver may reasonably require for the purposes of carrying out his functions in relation to the winding up.
144 Custody of company’s property.
(1)
When a winding-up order has been made, or where a provisional liquidator has been appointed, the liquidator or the provisional liquidator (as the case may be) shall take into his custody or under his control all the property and things in action to which the company is or appears to be entitled.
(2)
In a winding up by the court in Scotland, if and so long as there is no liquidator, all the property of the company is deemed to be in the custody of the court.
145 Vesting of company property in liquidator.
(1)
When a company is being wound up by the court, the court may on the application of the liquidator by order direct that all or any part of the property of whatsoever description belonging to the company or held by trustees on its behalf shall vest in the liquidator by his official name; and thereupon the property to which the order relates vests accordingly.
(2)
The liquidator may, after giving such indemnity (if any) as the court may direct, bring or defend in his official name any action or other legal proceeding which relates to that property or which it is necessary to bring or defend for the purpose of effectually winding up the company and recovering its property.
F1146Final account
(1)
This section applies where a company is being wound up by the court and the liquidator is not the official receiver.
(2)
If it appears to the liquidator that the winding up of the company is for practical purposes complete the liquidator must make up an account of the winding up, showing how it has been conducted and the company's property has been disposed of.
(3)
The liquidator must—
(a)
send a copy of the account to the company's creditors (other than opted-out creditors), and
(b)
give the company's creditors (other than opted-out creditors) a notice explaining the effect of section 174(4)(d) and how they may object to the liquidator's release.
(4)
The liquidator must during the relevant period send to the court and the registrar of companies—
(a)
a copy of the account, and
(b)
a statement of whether any of the company's creditors objected to the liquidator's release.
(5)
The relevant period is the period of 7 days beginning with the day after the last day of the period prescribed by the rules as the period within which the creditors may object to the liquidator's release.
F2(6)
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F2(7)
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F3146AOfficial receiver’s duty to send statement to registrar about other proceedings
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