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The Insolvency (Northern Ireland) Order 1989
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Changes over time for: Section 168
Alternative versions:
- 01/01/2006- Amendment
- 26/06/2017- Amendment
- 04/01/2024
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The Insolvency (Northern Ireland) Order 1989, Section 168 is up to date with all changes known to be in force on or before 26 May 2024. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations.
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Consequence of notice under Article 167N.I.
168.—(1) Where a notice has been given under Article 167(2), the official receiver or any creditor or contributory of the company, or the administrative receiver of the company (if there is one) may apply to the Department for directions under this Article.
(2) The grounds on which that application may be made are—
(a)that the realisable assets of the company are sufficient to cover the expenses of the winding up;
(b)that the affairs of the company do require further investigation; or
(c)that for any other reason the early dissolution of the company is inappropriate.
(3) Directions under this Article—
(a)are directions making such provision as the Department thinks fit for enabling the winding up of the company to proceed as if no notice had been given under Article 167(2), and
(b)may, in the case of an application under [F1Article 167(7)], include a direction deferring the date at which the dissolution of the company is to take effect for such period as the Department thinks fit.
(4) An appeal to the High Court lies from any decision of the Department on an application for directions under this Article.
(5) The person on whose application any directions are given under this Article, or in whose favour an appeal with respect to an application for such directions is determined, shall, within 7 days from the giving of the directions or the determination of the appeal, deliver to the registrar for registration such a copy of the directions or determination as is prescribed.
(6) If a person without reasonable excuse contravenes paragraph (5), he shall be guilty of an offence and, for continued contravention, he shall be guilty of a continuing offence.
F1Words in art. 168(3)(b) substituted (26.6.2017) by The Insolvency Amendment (EU 2015/848) Regulations 2017 (S.I. 2017/702), reg. 1, Sch. para. 106 (with reg. 3)
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