Corporate Insolvency and Governance Act 2020

This section has no associated Explanatory Notes

2(1)A creditor may not during the relevant period present a petition under Article 104 of the 1989 Order for the winding up of a registered company on a ground specified in Article 103(1)(a) to (d) of that Order (“the relevant ground”), unless the condition in sub-paragraph (2) is met.N.I.

(2)The condition referred to in sub-paragraph (1) is that the creditor has reasonable grounds for believing that—

(a)coronavirus has not had a financial effect on the company, or

(b)the facts by reference to which the relevant ground applies would have arisen even if coronavirus had not had a financial effect on the company.

(3)A creditor may not during the relevant period present a petition under Article 104 of the 1989 Order for the winding up of a registered company on the ground specified in Article 103(1)(e) or (2) of that Order (“the relevant ground”), unless the condition in sub-paragraph (4) is met.

(4)The condition referred to in sub-paragraph (3) is that the creditor has reasonable grounds for believing that—

(a)coronavirus has not had a financial effect on the company, or

(b)the relevant ground would apply even if coronavirus had not had a financial effect on the company.

(5)This paragraph is to be regarded as having come into force on 27 April 2020.