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Charities Act (Northern Ireland) 2008

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Winding up

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95.—(1) Where a charity may be wound up by the High Court under the Insolvency (Northern Ireland) Order 1989 (NI 19), a petition for it to be wound up under that Order may be presented by the Attorney General, as well as by any person authorised by that Order.

(2) Where a charity may be so wound up by the High Court, such a petition may also be presented by the Commission if, at any time after it has instituted an inquiry under section 22 with respect to the charity, it is satisfied as mentioned in section 33(1)(a) or (b).

(3) Where a charitable company is dissolved, the Commission may make an application under Article 602 of the Companies (Northern Ireland) Order 1986 (NI 6) (power of court to declare dissolution of company void) for an order to be made under that Article with respect to the company; and for this purpose paragraph (1) of that Article shall have effect in relation to a charitable company as if the reference to the liquidator of the company included a reference to the Commission.

(4) Where a charitable company’s name has been struck off the register of companies under Article 603 of the Companies (Northern Ireland) Order 1986 (power of registrar to strike defunct company off register), the Commission may make an application under Article 603(2) of that Order (objection to striking off by person aggrieved) for an order restoring the company’s name to that register; and for this purpose Article 603(2) shall have effect in relation to a charitable company as if the reference to any such person aggrieved as is there mentioned included a reference to the Commission.

(5) The powers exercisable by the Commission by virtue of this section shall be exercisable by the Commission of its own motion, but shall be exercisable only with the agreement of the Attorney General on each occasion.

(6) In this section “charitable company” means a company which is a charity.

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