Companies Act 2014


Power to apply to court for determination of questions or concerning exercise of powers

631. (1) Each of the following:

(a) the liquidator or the provisional liquidator;

(b) any contributory or creditor of the company;

(c) the Director;

may apply to the court to determine any question arising in the winding up of a company (including any question in relation to any exercise or proposed exercise of any of the powers of the liquidator).

(2) The court, if satisfied that the determination of the question will be just and beneficial, may accede wholly or partially to such an application on such terms and conditions as it thinks fit or may make such other order on the application as it thinks just.

(3) A certified copy of an order made by virtue of this section—

(a) annulling a resolution to wind up, or

(b) staying the proceedings in a winding up,

each of which orders the court is empowered by this section to make, shall forthwith be forwarded by the company concerned to the Registrar.

(4) If a company fails to comply with subsection (3), the company and any officer of it who is in default shall be guilty of a category 4 offence.