Section 103 Notice of proposed resolution for voluntary winding upI1

Article 70 (circumstances in which company may be wound up voluntarily) is amended as follows.

For paragraph (1A) substitute—

“(1ZA)

Before a company passes a resolution for voluntary winding up, it must comply with paragraphs (1ZB) to (1A).

(1ZB)

Where the company is required by section 291 or 293 of the Companies Act 2006 to send or submit a copy of the resolution to members of the company, the company must at the same time give written notice of the resolution to the Enforcement of Judgments Office.

(1ZC)

Where the company is required by Chapter 3 of Part 13 of the Companies Act 2006 to give notice of a meeting at which the resolution is intended to be moved, the company must at the same time give written notice of the resolution to the Enforcement of Judgments Office.

(1A)

The company must also give written notice of the resolution to the holder of any qualifying floating charge to which Article 59A applies.”.

After paragraph (2) add—

“(3)

If a company fails to comply with paragraph (1ZB) or (1ZC), the company and every officer of it who is in default are guilty of an offence.”.

In Schedule 7 (punishment of offences under the Order), at the appropriate place insert—

“

70(3)

Company failing to give notice to Enforcement of Judgments Office of proposed resolution for voluntary winding up.

Summary.

Level 3 on the standard scale.

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”.