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AI Summary of 571. Provisions as to applications for winding up

Version status: In force | Document consolidation status: Updated to reflect all known changes
Version date: 1 July 2024 - onwards
Version 4 of 4

571. Provisions as to applications for winding up

(1) An application to the court for the winding up of a company shall be by petition presented either by -

(a) the company, or

(b) any creditor or creditors (including any contingent or prospective creditor or creditors) of the company, or

(c) any contributory or contributories of the company,

or by all or any of those parties, together or separately, but this is subject to the following provisions.

(1A) Where a winding up petition is presented by the company under subsection (1), the directors of the company concerned shall notify each relevant person of the petition at the time that petition is presented or as soon as reasonably practicable after such presentation.

(2) The court shall not give a hearing to a winding-up petition presented by a contingent or prospective creditor until such security for costs has been given as the court thinks reasonable, and until a prima facie case for winding up has been established to the satisfaction of the court.