Insolvency, Restructuring and Dissolution Act 2018 · 2020 Revised Edition · Part 10 · Winding Up of Unregistered Companies and Liquidation or Dissolution of Foreign Companies
248. Power of Court to stay or restrain proceedings
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The provisions of this Act with respect to staying and restraining actions and proceedings against a company at any time after the making of an application for winding up and before the making of a winding up order extend, in the case of an unregistered company where the application to stay or restrain is by a creditor, to actions and proceedings against any contributory of the company.
company
“company” has the meaning given by section 4(1) of the Companies Act 1967;
Where an order has been made for winding up an unregistered company, no action or proceeding may be proceeded with or commenced against any contributory of the company in respect of any debt of the company, except by the permission of the Court and subject to such terms as the Court imposes.
unregistered company
“unregistered company” includes a foreign company and any partnership, association, club or company but does not include a company incorporated under the Companies Act 1967 or under any corresponding previous written law.(2) This Division is in addition to, and not in derogation of, any provisions contained in this or any other written law with respect to the winding up of companies by the Court and the Court may exercise any powers or do any act in the case of unregistered companies which might be exercised or done by the Court in winding up companies. For the purposes of this Division,