Skip to content
Back to the text

Insolvency Act · s 122

Suggest a correction

Tell us what is wrong in this text. We check every suggestion against the official version before we change anything.

What is wrong?

The text as we hold it

Open the official text

s 122Duty to summon final meeting

(1)

Subject to subsection (2), if it appears to the liquidator of a company which is being wound up by the Court that the winding up of the company is for practical purposes complete and the liquidator is not the

Official Receiver, the liquidator shall summon a final general meeting of the company’s creditors which shall —

(a)

receive the liquidator’s report of the winding up; and

(b)

determine whether the liquidator should have his release under section 145.

(2)

The liquidator may, if he thinks fit, give the notice summoning the final general meeting at the same time as giving notice of any final distribution of the property of the company but, if summoned for an earlier date, that meeting shall be adjourned (and, if necessary, further adjourned)

until a date on which the liquidator is able to report to the meeting that the winding up of the company is for practical purposes complete.

(3)

In the carrying out of his functions in the winding up, it is the duty of the liquidator to retain sufficient sums from the property of the company to cover the expenses of summoning and holding the meeting required by this section.

General powers of Court