# The Insolvency Rules (Northern Ireland) 1991, Rule 4.002: Winding up by the court: the various forms of petition


(NO CVL APPLICATION)
(1) Insofar as this Part applies to winding up by the court, it applies (subject to paragraphs (2) to (4)) whether the petition for winding up is presented under any of the several paragraphs of Article 102, namely—
paragraph (a)—company special resolution for winding up by the court;
paragraph (b)—public company without certificate under Article 127 of the Companies Order;
paragraph (c)—public company;
paragraph (d)—company not commencing business after formation, or suspending business;
paragraph (e)—of company's members reduced below two;
paragraph (f)—unable to pay its debts;
paragraph (g)—court's power under the “just and equitable” rule;
or under any enactment enabling the presentation of a winding-up petition.
(2) Except as provided by paragraphs (3) or (4) or by any particular Rule, the Rules apply whether the petition for winding up is presented by the company, the directors, one or more creditors, one or more contributories, the Department, the official receiver, or any person entitled under any enactment to present such a petition.
(3) Chapter 2 (statutory demand) has no application except in relation to an unpaid creditor of the company satisfying Article 103(1)(a) (the first of the cases specified of the company being deemed unable to pay its debts within Article 102(/)) or Article 186(1) (the equivalent provision in relation to unregistered companies).
(4) Chapter 3 (petition to winding-up order) has no application to a petition for winding up presented by one or more contributories; and in relation to a petition so presented Chapter 4 has effect.
[E.R.4.2]

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Source: https://www.legislation.gov.uk/nisr/1991/364/rule/4.002 (the official version)
Page: https://openlegislation.uk/insolvency-rules-northern-ireland-1991/rule-4.002
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.