The European Public Limited-Liability Company (Amendment) Regulations 2009

Continuation of certain amendments to the Insolvency (Northern Ireland) Order 1989

41.—(1) Notwithstanding the revocation of the European Public Limited-Liability Company Regulations (Northern Ireland) 2004(1) by section 1285 of the Companies Act 2006, the following Article continues to be inserted after Article 104A of the Insolvency (Northern Ireland) Order 1989(2)—

“Petition for winding up of SE

104B.— (1) Where—

(a) an SE whose registered office is in Northern Ireland is not in compliance with Article 7 of Council Regulation (EC) No 2157/2001 on the Statute for a European Company (the “EC Regulation”) (location of head office and registered office), and

(b) it appears to the Department that the SE should be wound up,

the Department may present a petition for it to be wound up if the court thinks it is just and equitable for it to be so.

(2) This Article does not apply if the SE is already being wound up by the court.

(3) In this Article “SE” has the same meaning as in the EC Regulation.”.

(2) In consequence, in the Insolvency (Northern Ireland) Order 1989—

(a) in Article 104 (application for winding-up), in paragraph (5)(b), after “104A” there continues to be inserted “or 104B”;

(b) in Schedule A1(3) (moratorium where directors propose voluntary arrangement), in paragraph 23(4)(a), after “104A” there continues to be inserted “or 104B”.

(1)

S.R. (NI) 2004 No 417.

(2)

S.I. 1989/2405 (N.I. 19); Article 104A was inserted by S.I. 1990/1504 (N.I. 10), Article 8(3).

(3)

Schedule A1 was inserted by Article 3 of, and paragraph 5 of Schedule 1 to, S.I. 2002/3152 (N.I. 6).