Part 9Insolvency etc.

Winding up in Northern Ireland

I1429 Tainted gifts

1

In this section “company” means any company which may be wound up under the 1989 Order.

2

This section applies if—

a

an order for the winding up of a company is made or it passes a resolution for its voluntary winding up, and

b

it has made a tainted gift (whether directly or indirectly).

3

No order may be made under Article 202, 203 or 367 of the 1989 Order (avoidance of certain transactions) in respect of the making of the gift at any time when—

a

any property of the recipient of the tainted gift is subject to a restraint order under section 41, 120 or 190, F3...

F5aa

such property is detained under or by virtue of section 44A, 47J, 47K, 47M, 47P, 122A, 127J, 127K, 127M, 127P, 193A, 195J, 195K, 195M or 195P,

b

there is in force in respect of such property an order under section 50, F1... 128(3) F2or 198.F6, or

c

there is in force in respect of such property an order under section 67A, 131A or 215A.

4

Any order made under Article 202, 203 or 367 of the 1989 Order after an order mentioned in F4subsection (3)(a), (b) or (c) is discharged must take into account any realisation under Part 2, 3 or 4 of this Act of property held by the recipient of the tainted gift.

5

A person makes a tainted gift for the purposes of this section if he makes a tainted gift within the meaning of Part 2, 3 or 4.