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The Overseas Companies Regulations 2009

Draft Legislation:

This is a draft item of legislation. This draft has since been made as a UK Statutory Instrument: The Overseas Companies Regulations 2009 No. 1801

Return in case of winding up

This section has no associated Explanatory Memorandum

69.—(1) Where a company to which this Part applies is being wound up, it must deliver to the registrar a return containing the following particulars—

(a)the company’s name;

(b)whether the company is being wound up by an order of a court and if so, the name and address of the court and the date of the order;

(c)if the company is not being so wound up, as a result of what action the winding up has commenced;

(d)whether the winding up has been instigated by—

(i)the company’s members,

(ii)the company’s creditors, or

(iii)some other person (stating the person’s identity); and

(e)the date on which the winding up became or will become effective.

(2) The return must be delivered not later than—

(a)if the winding up began before the company had a UK establishment, one month after the company first opens a UK establishment;

(b)if the winding up begins when the company has a UK establishment, 14 days after the date on which the winding up begins.

(3) Where the company has more than one UK establishment the obligation to deliver a return under this regulation applies in respect of each of them, but a return giving the registered numbers of more than one UK establishment is regarded as a return in respect of each establishment whose number is given.

(4) No return is required under this regulation in respect of winding up under the Insolvency Act 1986(1) or the Insolvency (Northern Ireland) Order 1989(2).

(1)

1986 c.45. Section 117(7) (High Court and County Court jurisdiction) was amended by regulations 3 and 6 of the Insolvency Act 1986 (Amendment) (No. 2) Regulations 2002 (S.I. 2002/1240).

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