Skip to content
Contents

Part 8 · Winding Up

211. Application for order in early dissolution of company administered by Official Receiver or liquidator

Feedback & support
(1)

Where 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.

(2)

The grounds on which an application under subsection (1) may be made are that —

(a)

the realisable assets of the company are sufficient to cover the expenses of the winding up;

(b)

the affairs of the company require further investigation; or

(c)

the early dissolution of the company is inappropriate for any other reason.

(3)

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).

(4)

On an application under subsection (1) or (3), the Court may make such order as the Court thinks just, including an order —

(a)

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

(b)

deferring the date on which the dissolution of the company is to take effect for such time as the Court thinks fit.

(5)

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.

(6)

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.

Report

Part 9

Provisions Applicable in Judicial Management and Winding Up

Part 10

Winding Up of Unregistered Companies and Liquidation or Dissolution of Foreign Companies

Part 10A

Simplified Winding Up

Part 11

Cross-Border Insolvency

Part 12

General Provisions Applicable to Parts 4 to 11

Part 13

Bankruptcy — Preliminary

Part 14

Voluntary Arrangements

Part 15

Debt Repayment Scheme

Part 16

Proceedings in Bankruptcy

Part 17

Administration in Bankruptcy

Part 18

Annulment and Discharge

Part 19

Duties, Disqualification and Disabilities of Bankrupt

Part 20

Bankruptcy Offences

Part 21

Bankruptcy Miscellaneous Provisions

Part 22

Provisions Against Debt Avoidance and Limitation on Certain Contractual Rights

Part 23

Miscellaneous and General Provisions

Part 24

Consequential and Related Amendments to Other Acts

Part 25

Saving and Transitional Provisions

Schedules