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COMPANIES ACT (NORTHERN IRELAND) 1960 - SECT 212

212.(1) An application to the court for the winding up of a company shall be
by petition presented, subject to the provisions of this section, either by
the company or by any creditor or creditors (including any contingent or
prospective creditor or creditors), contributory or contributories, or by all
or any of those parties, together or separately, so, however, that

(a)a contributory shall not be entitled to present a winding-up petition
unless

(i)either the number of members is reduced, in the case of a private company,
below two, or, in the case of any other company, below seven; or

(ii)the shares in respect of which he is a contributory, or some of them,
either were originally allotted to him or have been held by him, and
registered in his name, for at least six months during the eighteen months
before the commencement of the winding up, or have devolved on him through the
death of a former holder; and

(b) a winding-up petition shall not, if the ground of the petition is default
in delivering the statutory report to the registrar or in holding the
statutory meeting, be presented by any person except a shareholder, nor before
the expiration of fourteen days after the last day on which the meeting ought
to have been held; and

(c)the court shall not give a hearing to a winding-up petition presented by a
contingent or prospective creditor until such security for costs has been
given as the court thinks reasonable and until a prima facie case for winding
up has been established to the satisfaction of the court; and

(d)in a case falling within sub-section (3) of section one hundred and
sixty-three, a winding-up petition may be presented by the Ministry.

[(1A) Where a company is being wound up voluntarily or subject to supervision,
a winding-up petition may be presented by the Official Assignee as well as by
any other person authorised in that behalf under this section, but the court
shall not make a winding-up order on the petition unless it is satisfied that
the voluntary winding up or winding up subject to supervision cannot be
continued with due regard to the interests of the creditors or
contributories.]

(2) Where, under this Part, any person as being the husband of a female
contributory is himself a contributory and a share has, during the whole or
any part of the six months mentioned in sub-parargaph (ii) of paragraph (a) of
sub-section (1), been held by or registered in the name of the wife or by or
in the name of a trustee for the wife or for the husband, the share shall, for
the purposes of this section, be deemed to have been held by and registered in
the name of the husband.

© 1960 Crown Copyright

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