Companies Act 2014 section 638

Appointment and removal by the court

Section 638 empowers the court to appoint or remove a liquidator in any type of winding up, and to give consequential directions regarding company property and records.

  • The court may appoint a liquidator where none is currently acting, for whatever reason
  • The court may remove an existing liquidator and appoint a replacement, provided sufficient cause is shown
  • Applications may be brought by a member, creditor, liquidator or the Corporate Enforcement Authority, or the court may act on its own initiative
  • The court may issue consequential directions covering matters such as the handover of the company seal, books, records and property

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