Companies Act 2014 section 631

Power to apply to court for determination of questions or concerning exercise of powers

Section 631 sets out who may apply to the court to resolve any question arising during the winding up of a company, including questions about the liquidator's powers, and what happens when the court makes certain orders.

• The liquidator, provisional liquidator, any contributory or creditor of the company, or the Corporate Enforcement Authority may apply to the court to determine any question arising in a winding up, including questions about the liquidator's exercise of powers.
• The court may grant the application in whole or in part, on whatever terms it considers fit, provided it is satisfied that determining the question would be just and beneficial.
• If the court makes an order annulling a winding-up resolution or staying the winding-up proceedings, a certified copy of that order must be sent immediately by the company to the Registrar.
• Failure by the company to forward the certified copy to the Registrar is a category 4 offence, applying to both the company itself and any officer in default.

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