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Small Business, Enterprise and Employment Act 2015

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This is the original version (as it was originally enacted).

Winding-up

This section has no associated Explanatory Notes

36In section 141 (liquidation committee: England and Wales) for subsections (1) to (3) substitute—

(1)This section applies where a winding up order has been made by the court in England and Wales.

(2)If both the company’s creditors and the company’s contributories decide that a liquidation committee should be established, a liquidation committee is to be established in accordance with the rules.

(3)If only the company’s creditors, or only the company’s contributories, decide that a liquidation committee should be established, a liquidation committee is to be established in accordance with the rules unless the court orders otherwise.

(3A)A “liquidation committee” is a committee having such functions as are conferred on it by or under this Act.

(3B)The liquidator must seek a decision from the company’s creditors and contributories as to whether a liquidation committee should be established if requested, in accordance with the rules, to do so by one-tenth in value of the company’s creditors.

(3C)Subsection (3B) does not apply where the liquidator is the official receiver.

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