Rule 21.4 Confirmation of creditors' voluntary winding up: applicationC1C2
England and Wales
This rule applies where—
a company has passed a resolution for voluntary winding up, and either—
no declaration of solvency has been made in accordance with section 89, or
a declaration made under section 89—
has no effect by virtue of section 89(2), or
is treated as not having been made by virtue of section 96 M1; or
a company has moved from administration to creditors' voluntary winding up in accordance with paragraph 83 of Schedule B1 M2.
The liquidator may apply to court for an order confirming the winding up as a creditors' voluntary winding up for the purposes of the F1EU Regulation.
The application must be supported by a witness statement made by the liquidator which must contain—
identification details for the liquidator and the company;
the date on which the resolution for voluntary winding up was passed;
a statement that the application is accompanied by the documents required by paragraph (4);
a statement that the documents required by paragraph (4)(c) and (d) are true copies of the originals; and
a statement whether the proceedings will be COMI proceedings, establishment proceedings or proceedings to which the EU Regulation as it has effect in the law of the United Kingdom does not apply and the reasons for so stating.
The liquidator must file with the court—
two copies of the application;
evidence of having been appointed liquidator of the company;
a copy of—
the resolution for voluntary winding up, or
the notice of moving from administration to creditors' voluntary winding up sent by the administrator to the registrar of companies under paragraph 83(3) of Schedule B1; and
a copy of—
the statement of affairs required by section 99 M3 or under paragraph 47 of Schedule B1, or
the information included in the administrator's statement of proposals under rule 3.35(1)(h).
Annotations
Textual amendments
- F1
Words in rule 21.4(2) substituted (8.12.2017) by The Insolvency (England and Wales) and Insolvency (Scotland) (Miscellaneous and Consequential Amendments) Rules 2017 (S.I. 2017/1115), rules 1(1), 23(10)
- F2
Rule 21.4(3)(e) substituted (31.12.2020) by The Insolvency (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/146), reg. 1(3), Sch. para. 105 (with regs. 4, 5); 2020 c. 1, Sch. 5 para. 1(1)
Marginal citations
- M1
A new section 96 is substituted by paragraph 20 of Schedule 9 to the Small Business, Enterprise and Employment Act 2015 (c.26).
- M2
Paragraph 83 subparagraphs (1)(b) and (2)(b) are amended by section 128(3) of the Small Business, Enterprise and Employment Act 2015 and subparagraphs (5)(b) and (8)(d) are amended by paragraph 10(31) and (32) of Schedule 9 to that Act.
- M3
Section 99 subsections (12) and (3) are substituted by new subsections (1) and (3) by paragraph 23 of Schedule 9 to the Small Business, Enterprise and Employment Act 2015 (c.26).
Modifications
- C1
Rule 21.4 applied (with modifications) (23.4.2019) by S.I. 2004/1045, reg. 6(1)(2) (as amended by The Financial Services and Markets (Insolvency) (Amendment of Miscellaneous Enactments) Regulations 2019 (S.I. 2019/755), regs. 1, 5(3))
- C2
Rule 21.4 applied (with modifications) (23.4.2019) by S.I. 2004/353, reg. 7(1)(2) (as amended by The Financial Services and Markets (Insolvency) (Amendment of Miscellaneous Enactments) Regulations 2019 (S.I. 2019/755), regs. 1, 4(3)(a)(b))
Notes on Part 21
Textual amendments
- F1
Pt. 21 heading substituted (26.6.2017) by The Insolvency Amendment (EU 2015/848) Regulations 2017 (S.I. 2017/702), reg. 1, Sch. para. 45 (with reg. 3)