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Insolvency Act 1986 (Section -84)

Forums › Ask ACCA Tutor Forums › Ask the Tutor ACCA LW Exams › Insolvency Act 1986 (Section -84)

  • This topic has 4 replies, 2 voices, and was last updated 3 years ago by MikeLittle.
Viewing 5 posts - 1 through 5 (of 5 total)
  • Author
    Posts
  • December 12, 2021 at 8:30 am #644020
    mammaryasir
    Participant
    • Topics: 1
    • Replies: 4
    • ☆

    Sec 84 (1) (a): It is mentioned that upon expiration of fixed duration of the company or upon occurrence of specific event for which the company articles provided that the company is to be dissolved….
    company in general meeting pass a resolution requiring it to be wound up voluntarily.

    Sec 84 (1) (b): if the company resolves by special resolution that it be wound up voluntarily;

    Clarification Required: IN 84 (1) (a), resolution means ordinary resolution? As for special resolution there is separate sub-clause

    Thank You

    December 14, 2021 at 5:50 am #644207
    mammaryasir
    Participant
    • Topics: 1
    • Replies: 4
    • ☆

    hi there,

    looking for clarification

    Thank You

    January 13, 2022 at 8:09 am #645806
    MikeLittle
    Keymaster
    • Topics: 27
    • Replies: 23314
    • ☆☆☆☆☆

    “Clarification Required: IN 84 (1) (a), resolution means ordinary resolution? As for special resolution there is separate sub-clause”

    Yes. Where the company has anticipated within its constitution a fixed term period for the company’s existence or where a specific anticipated event is mentioned within the constitution then an ordinary resolution will be sufficient to place the company into a voluntary liquidation

    Otherwise, a special resolution will be required

    OK?

    January 15, 2022 at 3:41 am #646079
    mammaryasir
    Participant
    • Topics: 1
    • Replies: 4
    • ☆

    thanks a lot

    January 15, 2022 at 6:52 am #646086
    MikeLittle
    Keymaster
    • Topics: 27
    • Replies: 23314
    • ☆☆☆☆☆

    You’re very welcome

  • Author
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