869. Circumstances in which application not to be made: other proceedings not concluded
Past version: effective from 29/04/2020 - 28/04/2020
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(1) An application under section 867 (application for voluntary striking off) or under section 867A (application for voluntary striking off supported by prescribed statement) on behalf of a company must not be made at a time when–
(a) an application to the Court under Part 25 has been made on behalf of the company for the sanctioning of a compromise or arrangement and the matter has not been finally concluded,
(b) the company is in administration under Part 1 (administration) of the Insolvency Regulations 2015,
(c) the company is being wound up under Part 3 (winding up) of the Insolvency Regulations 2015 whether voluntarily or by the Court, or a petition under that Part for winding up of the company by the Court has been presented and not finally dealt with or withdrawn,
(d) there is a receiver appointed in respect of the company’s property.
(2) For the purposes of subsection (1)(a), the matter is finally concluded if–
(a) the application has been withdrawn,
(b) the application has been finally dealt with without a compromise or arrangement being sanctioned by the Court, or
(c) a compromise or arrangement has been sanctioned by the Court and has, together with anything required to be done under any provision made in relation to the matter by order of the Court, been fully carried out.
(3) It is a contravention of these Regulations for a person to make an application in contravention of this section.
(4) It is a defence to such a contravention for the person who committed the contravention to prove that he did not know, and could not reasonably have known, of the existence of the facts that led to the contravention.
(5) A person who commits a contravention of this section shall be liable to a level 3 fine.