Insolvency, Restructuring and Dissolution Act 2018 · 2020 Revised Edition · Part 8 · Winding Up
211. Application for order in early dissolution of company administered by Official Receiver or liquidator
Feedback & supportWhere a notice has been given under section 209(2) or 210(2), any creditor or contributory of the company, any receiver or manager of the company, or any other person, may apply to the Court for an order under this section.
creditor
“creditor”, in relation to a debtor proposing a voluntary arrangement under Part 14, means a creditor to whom the debtor owes a debt provable in bankruptcy;
The grounds on which an application under subsection (1) may be made are that —
the realisable assets of the company are sufficient to cover the expenses of the winding up;
the affairs of the company require further investigation; or
the early dissolution of the company is inappropriate for any other reason.
The Official Receiver or the liquidator (as the case may be) may apply to the Court for an order in relation to any matter arising after the giving of the notice under section 209(2) or 210(2).
Official Receiver
“Official Receiver” means the Official Receiver appointed under section 17(1) and includes a Deputy Official Receiver, a Senior Assistant Official Receiver and an Assistant Official Receiver;
On an application under subsection (1) or (3), the Court may make such order as the Court thinks just, including an order —
that the name of the company not be struck off the register and the company not be dissolved, and enabling the winding up of the company to proceed as if no notice had been given under section 209(2) or 210(2); or
deferring the date on which the dissolution of the company is to take effect for such time as the Court thinks fit.
Any person on whose application an order is made under this section must, within 7 days after the making of the order, deliver to the Official Receiver (if the Official Receiver is not the applicant), and to the Registrar of Companies for registration, a copy of the order.
Registrar of Companies
“Registrar of Companies” means the Registrar of Companies appointed under section 8 of the Companies Act 1967 and includes any Deputy or Assistant Registrar of Companies;
Any person who, without reasonable excuse, fails to comply with subsection (5) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $5,000 and also to a default penalty.
default penalty
“default penalty” means a default penalty within the meaning given by section 267;