The Insolvency (Northern Ireland) Order 2005

The Companies (Northern Ireland) Order 1986 (NI 6)

12.  The Companies (Northern Ireland) Order 1986 shall be amended as follows.

13.  In Article 233 (alteration of accounting reference date)—

(a) in paragraph (4) for “an administration order is in force” substitute “the company is in administration”, and

(b) in paragraph (6) for “An accounting reference period may not in any case, unless an administration order is in force” substitute “A company’s accounting reference period may not in any case, unless the company is in administration”.

14.  In Article 418(1) (power of company to compromise) for “an administration order being in force in relation to a company” substitute “in administration”.

15.  In Article 420A(3) (mergers and divisions of public companies) for “an administration order being in force in relation to the company” substitute “where the company is in administration”.

16.  In Article 603B(3) (duty when applying to strike off defunct company) for sub-paragraph (c) substitute—

“(c) the company is in administration under Part III of that Order;

(ca) an application to the court for an administration order in respect of the company has been made and not finally dealt with or withdrawn;

(cb) a copy of notice of intention to appoint an administrator of the company under paragraph 15 of Schedule B1 to that Order has been filed with the court and neither of the events mentioned in paragraph 45(2)(a) and (b) of that Schedule has occurred;

(cc) a copy of notice of intention to appoint an administrator of the company under paragraph 23 of that Schedule has been filed with the court and neither of the events mentioned in paragraph 45(4)(a) and (b) of that Schedule has occurred;”.

17.  In Article 603C(4) (director’s duty following application to strike off defunct company) for sub-paragraph (d) substitute—

“(d) an application to the court for an administration order in respect of the company is made under paragraph 13 of Schedule B1 to that Order;

(da) an administrator is appointed in respect of the company under paragraph 15 or 23 of that Schedule;

(db) a copy of notice of intention to appoint an administrator of the company under paragraph 15 or 23 of that Schedule is filed with the court;”.