Paragraph 43 Expenses of winding up (s. 1282)F1

United Kingdom

(1)

The amendment made to the Insolvency Act 1986^f1 by section 1282(1) of the Companies Act 2006 (expenses of winding up) applies—

(a)

to a creditors’ voluntary winding up—

(i)

for which the resolution is passed, or

(ii)

where commenced as a members’ voluntary winding up, for which the conversion to a creditors’ voluntary winding up under section 96 of the Insolvency Act 1986 takes effect, or

(iii)

in respect of which a notice is registered under paragraph 83 of Schedule B1 to the Insolvency Act 1986,

on or after 6th April 2008;

(b)

to a members’ voluntary winding up for which the resolution is passed on or after 6th April 2008;

(c)

to the winding up of a company by the court where the winding-up order is made on or after 6th April 2008, except where the order is made following a resolution for voluntary winding up passed by the company before 6th April 2008.

(2)

The amendment made to the Insolvency (Northern Ireland) Order 1989^f2 by section 1282(2) of the Companies Act 2006 (expenses of winding up) applies—

(a)

to a creditors’ voluntary winding up—

(i)

in respect of which the resolution is passed, or

(ii)

where it commenced as a members’ voluntary winding up, for which the conversion to a creditors’ voluntary winding up under Article 82 of the Order takes effect, or

(iii)

in respect of which a notice is registered under paragraph 84 of Schedule B1 to the Order,

on or after 6th April 2008;

(b)

to a members’ voluntary winding up for which the resolution is passed on or after 6th April 2008;

(c)

Annotations

Textual amendments

F1: Sch. 4 para. 43 substituted (6.4.2008) by The Companies Act 2006 (Commencement No. 6, Saving and Commencement Nos. 3 and 5 (Amendment)) Order 2008 (S.I. 2008/674), art. 2(3), Sch. 3 para. 6(5)(6) (with art. 6)

Footnotes

f1: 1989 c.40.
f2: S.I. 1990/593 (N.I. 5).