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Companies Act 2006

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This is the original version (as it was originally enacted).

1004Circumstances in which application not to be made: activities of company
This section has no associated Explanatory Notes

(1)An application under section 1003 (application for voluntary striking off) on behalf of a company must not be made if, at any time in the previous three months, the company has—

(a)changed its name,

(b)traded or otherwise carried on business,

(c)made a disposal for value of property or rights that, immediately before ceasing to trade or otherwise carry on business, it held for the purpose of disposal for gain in the normal course of trading or otherwise carrying on business, or

(d)engaged in any other activity, except one which is—

(i)necessary or expedient for the purpose of making an application under that section, or deciding whether to do so,

(ii)necessary or expedient for the purpose of concluding the affairs of the company,

(iii)necessary or expedient for the purpose of complying with any statutory requirement, or

(iv)specified by the Secretary of State by order for the purposes of this sub-paragraph.

(2)For the purposes of this section, a company is not to be treated as trading or otherwise carrying on business by virtue only of the fact that it makes a payment in respect of a liability incurred in the course of trading or otherwise carrying on business.

(3)The Secretary of State may by order amend subsection (1) for the purpose of altering the period in relation to which the doing of the things mentioned in paragraphs (a) to (d) of that subsection is relevant.

(4)An order under this section is subject to negative resolution procedure.

(5)It is an offence for a person to make an application in contravention of this section.

(6)In proceedings for such an offence it is a defence for the accused to prove that he did not know, and could not reasonably have known, of the existence of the facts that led to the contravention.

(7)A person guilty of an offence under this section is liable—

(a)on conviction on indictment, to a fine;

(b)on summary conviction, to a fine not exceeding the statutory maximum.

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