Companies Act 2014 section 1328

Winding up of unregistered companies

Section 1328 sets out the rules under which an unregistered company may be wound up by court order, including the grounds for winding up, the treatment of the company's principal place of business, and special provisions for foreign companies and trustee savings banks.

• Unregistered companies may be wound up under the court winding-up provisions in Part 11 of the Companies Act 2014, with certain modifications set out in this section
• An unregistered company cannot be wound up voluntarily — winding up must be initiated through the court
• Winding up may occur where the company is dissolved, has ceased trading, cannot pay its debts, or where the court considers it just and equitable to do so
• A foreign company that previously carried on business in the State can be wound up as an unregistered company even if it has been dissolved or ceased to exist under the laws of its home country

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