[SCHEDULE 10 Restriction on Winding-up Petitions: Great Britain]

°Ú³§°ä±á·¡¶Ù±«³¢·¡Ìý10 Restriction on Winding-up Petitions: Great Britain]

[Section 10]

[Restriction on winding-up petitions

1

(1)     During the relevant period a creditor may not present a petition for the winding up of a company under section 124 of the 1986 Act on the ground specified—

(a)     in the case of a registered company, in section 122(1)(f) of that Act, or

(b)     in the case of an unregistered company, in section 221(5)(b) of that Act,

unless conditions A to D are met (subject to sub-paragraphs (9) to (11)).

(2)     Condition A is that the creditor is owed a debt by the company—

(a)     whose amount is liquidated,

(b)     which has fallen due for payment, and

(c)     which is not an excluded debt.

(3)     Condition B is that the creditor has delivered written notice to the company in accordance with sub-paragraphs (4) to (6).

(4)     Notice under sub-paragraph (3) must contain the following—

(a)     identification details for the company,

(b)     the name and address of the creditor,

(c)     the amount of the debt and the way in which it arises,

(d)     the date of the notice,

(e)     a statement that the creditor is seeking the company's proposals

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