COMPANIES ACT (NORTHERN IRELAND) 1960 - SECT 316 Power of court to declare dissolution of company void.

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COMPANIES ACT (NORTHERN IRELAND) 1960 - SECT 316

Power of court to declare dissolution of company void.

316.(1) Where the registrar of companies has reasonable cause to believe that
a company is not carrying on business or in operation, he may send to
the company by post a letter inquiring whether the company is carrying on
business or in operation.

(2) If the registrar does not within one month of sending the letter receive
any answer thereto, he shall within fourteen days after the expiration of the
month send to the company by post a registered letter referring to the first
letter, and stating that no answer thereto has been received, and that if an
answer is not received to the second letter within one month from the date
thereof, a notice will be published in the Belfast Gazette with a view to
striking the name off the company of the register.

(3) If the registrar either receives an answer to the effect that the company
is not carrying on business or in operation, or does not within one month
after sending the second letter receive any answer, he may publish in the
Belfast Gazette, and send to the company by post, a notice that at the
expiration of three months from the date of that notice the name of
the company mentioned therein will, unless cause is shown to the contrary, be
struck off the register and the company will be dissolved.

(4) If, in any case where a company is being wound up, the registrar has
reasonable cause to believe either that no liquidator is acting, or that the
affairs of the company are fully wound up, and the returns required to be made
by the liquidator have not been made for a period of six consecutive months,
the registrar shall publish in the Belfast Gazette and send to the company or
the liquidator, if any, a like notice as is provided in sub-section (3).

(5) Subject to sub-sections (6) and (7), at the expiration of the time
mentioned in the notice the registrar may, unless cause to the contrary is
previously shown by the company, strike its name off the register, and shall
publish notice thereof in the Belfast Gazette, and on the publication in the
Belfast Gazette of this notice the company shall be dissolved.

(6) The liability, if any, of every director, managing officer and member of
the company shall continue and may be enforced as if the company had not been
dissolved.

(7) Nothing in sub-section (5) or sub-section (6) shall affect the power of
the court to wind up a company the name of which has been struck off the
register.

(8) If a company or any member or creditor thereof feels aggrieved by
the company having been struck off the register, the court on an application
made by the company or member or creditor before the expiration of twenty
years from the publication in the Belfast Gazette of the notice aforesaid may,
if satisfied that the company was at the time of the striking off carrying on
business or in operation, or otherwise that it is just that the company be
restored to the register, order the name of the company to be restored to the
register, and upon an office copy of the order being delivered to
the registrar for registration the company shall be deemed to have continued
in existence as if its name had not been struck off; and the court may by the
order give such directions and make such provisions as seem just for placing
the company and all other persons in the same position as nearly as may be as
if the name of the company had not been struck off.

(9) A notice to be sent under this section to a liquidator may be addressed to
the liquidator at his last known place of business, and a letter or notice to
be sent under this section to a company may be addressed to the company at its
registered office, or, if no office has been registered, to the care of some
officer of the company, or, if there is no officer of the company whose name
and address are known to the registrar of companies, may be sent to each of
the persons who subscribed the memorandum, addressed to him at the address
mentioned in the memorandum.[

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Northern Irish Legislation

COMPANIES ACT (NORTHERN IRELAND) 1960 - SECT 316