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Compulsory liquidation (follow up)

Forums › Ask ACCA Tutor Forums › Ask the Tutor ACCA LW Exams › Compulsory liquidation (follow up)

  • This topic has 1 reply, 2 voices, and was last updated 8 years ago by MikeLittle.
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  • September 1, 2017 at 10:24 pm #404926
    accaed
    Member
    • Topics: 23
    • Replies: 0
    • ☆

    https://opentuition.com/topic/compulsory-liquidation/

    But surely answer A is covered by Section 122 as well? The actual legislation https://www.legislation.gov.uk/ukpga/1986/45/section/122 is below and paragraph (1)(b) covers answer A:

    122 Circumstances in which company may be wound up by the court.

    (1) A company may be wound up by the court if—
    (a) the company has by special resolution resolved that the company be wound up by the court,
    (b) being a public company which was registered as such on its original incorporation, the company has not been issued with a trading certificate under section 761 of the Companies Act 2006 (requirement as to minimum share capital) and more than a year has expired since it was so registered,
    (c) it is an old public company, within the meaning of the [F2Schedule 3 to the Companies Act 2006 (Consequential Amendments, Transitional Provisions and Savings) Order 2009],
    (d) the company does not commence its business within a year from its incorporation or suspends its business for a whole year;
    (e) F3. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
    (f) the company is unable to pay its debts,
    [F4(fa) at the time at which a moratorium for the company under section 1A comes to an end, no voluntary arrangement approved under Part I has effect in relation to the company]
    (g) the court is of the opinion that it is just and equitable that the company should be wound up.

    September 1, 2017 at 10:32 pm #404927
    MikeLittle
    Keymaster
    • Topics: 27
    • Replies: 23368
    • ☆☆☆☆☆

    But option A fails to specify that the entity in question is a public company

    If it’s a private company then option A doesn’t apply and the Court will not grant a winding-up order on the grounds of failure to obtain a trading certificate because …?

    … because private companies are not required to obtain trading certificates!

    OK?

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  • The topic ‘Compulsory liquidation (follow up)’ is closed to new replies.

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