# The Insolvency Rules (Northern Ireland) 1991, Rule 4.001: Voluntary winding up; winding up by the court


(1) In a members' voluntary winding up, this Part does not apply, except as follows—
(a) Rule 4.003 applies in the same way as it applies in a creditors' voluntary winding up;
(b) Rule 4.078 (additional provisions concerning meetings in relation to Bank of England and Deposit Protection Board) applies in the winding up of authorised institutions or former authorised institutions within the meaning of the Banking Act 1987, whether members' or creditors' voluntary or by the court;
(c) Chapters 9 (proof of debts in a liquidation), 10 (secured creditors), 15 (disclaimer) and 18 (special manager) apply wherever, and in the same way as, they apply in a creditors' voluntary winding up;
(d) Section F of Chapter 11 (the liquidator) applies only in a members' voluntary winding up, and not otherwise;
(e) Section G of that Chapter (court's power to set aside certain transactions; rule against solicitation) applies in any winding up, whether members' or creditors' voluntary or by the court;
(f) Rule 4.192 applies only in a members' voluntary winding up, and not otherwise; and
(g) Rule 4.233-CVL (liquidator's statements) applies in the same way as it applies in a creditors' voluntary winding up.
(2) Subject to paragraphs (3) to (5) this Part applies both in a creditors' voluntary winding up and in a winding up by the court; and for this purpose a winding up is treated as a creditors' voluntary winding up if, and from the time when, the liquidator forms the opinion that the company will be unable to pay its debts in full, and determines accordingly to summon a creditors' meeting under Article 81.
(3) The following Chapters, or Sections of Chapters, of this Part do not apply in a creditors' voluntary winding up—
Chapter 2—The statutory demand;
Chapter 3—to winding-up order;
Chapter 4—Petition by contributories;
Chapter 5—liquidator;
Chapter 11 (Section F)—liquidator in a members' voluntary winding up;
Chapter 13—The liquidation committee where winding up follows immediately on administration;
Chapter 16—of list of contributories;
Chapter 17—Calls;
Chapter 19—Public examination of company officers and others;
Chapter 21 (Section A)—of capital; and
Chapter 21 (Section C)-Dissolution after winding up.
(4) Subject to paragraph (5), where at the head of any Rule, or at the end of any paragraph of a Rule, there appear the words “(NO CVL APPLICATION)”, this signifies that the Rule or, as the case may be, the paragraph does not apply in a creditors' voluntary winding up.
(5) Paragraph (4) does not affect the court's power to make orders under Article 98 (exercise in relation to voluntary winding up of powers available in winding up by the court).
(6) Where to any Rule or paragraph there is given a number incorporating the letters ''CVL", that signifies that the Rule or (as the case may be) the paragraph applies in a creditors' voluntary winding up, and not in a winding up by the court.
[E.R.4.1]

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Source: https://www.legislation.gov.uk/nisr/1991/364/rule/4.001 (the official version)
Page: https://openlegislation.uk/insolvency-rules-northern-ireland-1991/rule-4.001
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.