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Forums › Ask ACCA Tutor Forums › Ask the Tutor ACCA LW Exams › Insolvency Act 1986 (Section -84)
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
hi there,
looking for clarification
Thank You
“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?
thanks a lot
You’re very welcome
