873. Circumstances in which application to be withdrawn
Past version: effective from 29/04/2020 - 28/04/2020
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(1) This section applies where, at any time on or after the day on which a company makes an application under section 867 (application for voluntary striking off) or under section 867A (application for voluntary striking off supported by a prescribed statement) and before the day on which the application is finally dealt with or withdrawn–
(a) the company–
(i) changes its name,
(ii) trades or otherwise carries on business,
(iii) makes a disposal for value of any property or rights other than those which it was necessary or expedient for it to hold for the purpose of making, or proceeding with, an application under that section, or
(iv) engages in any activity, except one to which subsection (4) applies,
(b) an application is made to the Court under Part 25 on behalf of the company for the sanctioning of a compromise or arrangement,
(c) an application to the Court for an administration order in respect of the company is made under sections 8 (administration application) or 17 (administration application to appoint specified person as administrators by holder of qualifying charge) of the Insolvency Regulations 2015,
(d) an administrator is appointed in respect of the company under Part 1 (administration) of the Insolvency Regulations 2015, or a copy of notice of intention to appoint an administrator of the company under any of those provisions is filed with the Court,
(e) there arise any of the circumstances in which, under Chapter 2 (voluntary winding up) of Part 3 (winding up) of the Insolvency Regulations 2015, the company may be voluntarily wound up,
(f) a petition is presented for the winding up of the company by the Court under Chapter 6 (compulsory winding up) of Part 3 (winding up) of the Insolvency Regulations 2015,
(g) a receiver is appointed in respect of the company’s property is appointed,
(h) the circumstances set out in subsection (5) of section 867C (prescribed statement) apply.
(2) A person who, at the end of a day on which any of the events mentioned in subsection (1) occurs, is a director of the company must secure that the company’s application is withdrawn forthwith.
(3) For the purposes of subsection (1)(a)(ii), a company is not treated as trading or otherwise carrying on business by virtue only of the fact that it makes a payment in respect of a liability incurred in the course of trading or otherwise carrying on business.
(4) The excepted activities referred to in subsection (1)(a)(iv) are–
(a) any activity necessary or expedient for the purposes of–
(i) making, or proceeding with, an application under section 867 (application for voluntary striking off) or under section 867A (application for voluntary striking off supported by prescribed statement),
(ii) concluding affairs of the company that are outstanding because of what has been necessary or expedient for the purpose of making, or proceeding with, such an application, or
(iii) complying with any statutory requirement,
(b) any activity specified in rules made by the Board by resolution for the purposes of this subsection.
(5) A person who fails to perform the duty imposed on him by this section commits a contravention of these Regulations.
(6) It is a defence to such a contravention for the person who committed the contravention to prove–
(a) that at the time of the failure he was not aware of the fact that the company had made an application under section 867 or under section 867A, or
(b) that he took all reasonable steps to perform the duty.
(7) A person who commits a contravention under this section shall be liable to a level 3 fine.