Companies (1990 No. 2 Order) (Commencement No. 5) Order (Northern Ireland) 1991

Citation and interpretation

1.—(1) This Order may be cited as the Companies (1990 No. 2 Order) (Commencement No. 5) Order (Northern Ireland) 1991.

(2) In this Order “the 1986 Order” means the Companies (Northern Ireland) Order 1986(1) and “the 1990 (No. 2) Order” means the Companies (No. 2) (Northern Ireland) Order 1990.

(3) In this Order—

(a) “insolvency proceedings” means proceedings in relation to any case where—

(i) a receiver or manager of the whole (or substantially the whole) of a company’s property is appointed, or

(ii) a petition is presented to the court for the winding up of a company; or

(iii) a resolution is made for the voluntary winding up of a company and no director’s statutory declaration of solvency has been made; or

(iv) a petition is presented to the court to obtain adjudication of bankruptcy; or

(v) a petition is presented to the court for protection under section 343 of the Irish Bankrupt and Insolvent Act 1857(2); or

(vi) a petition is presented to the court for the administration according to the law of bankruptcy of the estate of a deceased debtor; or

(vii) a debtor has entered into a deed of arrangement for the benefit of his creditors generally to which the Deeds of Arrangement Act 1887(3) applies;

(b) references to the beginning of insolvency proceedings are to the time at which—

(i) the receiver or manager referred to in sub-paragraph (a)(i) is appointed; or

(ii) the petition referred to in sub-paragraph (a)(ii), (iv), (v) or (vi) is presented; or

(iii) a resolution referred to in sub-paragraph (a)(iii) is made; or

(iv) a deed of arrangement referred to in sub-paragraph (a)(vii) is registered.

(1)

S.I. 1986/1032 (N.I. 6)

(2)

1857 c. 60

(3)

1887 c. 57