Part 2 Restriction on Winding-up Petitions and Orders
Corporate Insolvency and Governance Act 2020 (2020 c 12) | Legislation

Part 2 Restriction on Winding-up Petitions and Orders

Restriction on winding-up petitions: registered companies

2

(1)     A creditor may not during the relevant period present a petition under Article 104 of the 1989 Order for the winding up of a registered company on a ground specified in Article 103(1)(a) to (d) of that Order (“the relevant groundâ€), unless the condition in sub-paragraph (2) is met.

(2)     The condition referred to in sub-paragraph (1) is that the creditor has reasonable grounds for believing that—

(a)     coronavirus has not had a financial effect on the company, or

(b)     the facts by reference to which the relevant ground applies would have arisen even if coronavirus had not had a financial effect on the company.

(3)     A creditor may not during the relevant period present a petition under Article 104 of the 1989 Order for the winding up of a registered company on the ground specified in Article 103(1)(e) or (2) of that Order (“the relevant groundâ€), unless the condition in sub-paragraph (4) is met.

(4)     The condition referred to in sub-paragraph (3) is that the creditor has reasonable grounds for believing that—

(a)     coronavirus has not had a financial effect on

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