{
  "url": "https://openlegislation.uk/insolvency-northern-ireland-order-1989/article-185",
  "json_url": "https://openlegislation.uk/insolvency-northern-ireland-order-1989/article-185.json",
  "legislation": "nisi/1989/2405",
  "legislation_title": "The Insolvency (Northern Ireland) Order 1989",
  "legislation_url": "https://openlegislation.uk/insolvency-northern-ireland-order-1989",
  "path": "article/185",
  "kind": "article",
  "number": "185",
  "heading": "Winding up of unregistered companies",
  "text": "(1) Subject to the provisions of this Part, any unregistered company may be wound up under this Order; and all the provisions of this Order . . . about winding up apply to an unregistered company with the exceptions and additions mentioned in paragraphs (2) to (4).\n(2) If an unregistered company has a principal place of business situated in England and Wales or Scotland, it shall not be wound up under this Part unless it has a principal place of business situated in Northern Ireland....\n(2A) For all purposes of winding up, the principal place of business in Northern Ireland of the unregistered company is deemed to be the registered office of the company.\n(3) No unregistered company shall be wound up under this Order voluntarily, except in accordance with the EU Regulation.\n(4) The circumstances in which an unregistered company may be wound up are as follows—\n(a) if the company is dissolved, or has ceased to carry on business, or is carrying on business only for the purpose of winding up its affairs;\n(b) if the company is unable to pay its debts;\n(c) if the High Court is of opinion that it is just and equitable that the company should be wound up.",
  "extent": "N.I.",
  "status": null,
  "version": "current",
  "annotations": [
    {
      "type": "F",
      "label": "F1",
      "text": "Words in art. 185(1) omitted (1.10.2009) by virtue of Companies Act 2006 (Consequential Amendments, Transitional Provisions and Savings) Order 2009 (S.I. 2009/1941), arts. 2(1), 8, Sch. 1 para. 112(3) (with art. 10)"
    },
    {
      "type": "F",
      "label": "F2",
      "text": "Words in art. 185(2) repealed (1.4.2016) by Insolvency (Amendment) Act (Northern Ireland) 2016 (c. 2), s. 28(2), Sch. 4; S.R. 2016/203, art. 2"
    },
    {
      "type": "F",
      "label": "F3",
      "text": "Art. 185(2A) inserted (1.4.2016) by Insolvency (Amendment) Act (Northern Ireland) 2016 (c. 2), s. 28(2), Sch. 3 para. 9; S.R. 2016/203, art. 2"
    },
    {
      "type": "F",
      "label": "F4",
      "text": "SR 2002/334"
    },
    {
      "type": "F",
      "label": "F5",
      "text": "Words in art. 185(3) substituted (26.6.2017) by The Insolvency Amendment (EU 2015/848) Regulations 2017 (S.I. 2017/702), reg. 1, Sch. para. 108 (with reg. 3)"
    },
    {
      "type": "C",
      "label": "C1",
      "text": "Art. 185(4)(b) restricted (retrospective to 27.4.2020) by Corporate Insolvency and Governance Act 2020 (c. 12), Sch. 11 para. 6(1)-(3), (4) (with ss. 2(2), 5(2))"
    }
  ],
  "outstanding_effects": [
    {
      "type": "amendment to earlier affecting provision Sch. 5 1995/225",
      "affecting": "nia/2026/6",
      "affecting_title": "Insolvency (Amendment) Act (Northern Ireland) 2026"
    },
    {
      "type": "amendment to earlier affecting provisions Sch. 6 1995/225",
      "affecting": "nia/2026/6",
      "affecting_title": "Insolvency (Amendment) Act (Northern Ireland) 2026"
    }
  ],
  "provenance": {
    "source": "legislation.gov.uk",
    "source_url": "https://www.legislation.gov.uk/nisi/1989/2405/article/185",
    "retrieved_at": "2026-10-29T04:47:04.938020+00:00"
  },
  "licence": "Open Government Licence v3.0",
  "licence_url": "https://www.nationalarchives.gov.uk/doc/open-government-licence/version/3/",
  "attribution": "Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives."
}