Q&As

How can members of a company in member voluntary liquidation (where the liquidator was appointed by the court) summon/requisition a general meeting of the company for the purposes of removing the liquidator of the company?

read titleRead full title
Produced in partnership with Phillip Patterson of Hardwicke Chambers
Published on LexisPSL on 06/08/2018

The following Restructuring & Insolvency Q&A produced in partnership with Phillip Patterson of Hardwicke Chambers provides comprehensive and up to date legal information covering:

  • How can members of a company in member voluntary liquidation (where the liquidator was appointed by the court) summon/requisition a general meeting of the company for the purposes of removing the liquidator of the company?

When a company enters into member voluntary liquidation (MVL), a liquidator is typically appointed by the company in a general meeting (section 91(1) of the Insolvency Act 1986 (IA 1986)). IA 1986, s 108 allows the court, where no liquidator is acting, to appoint a liquidator over the company.

IA 1986, s 171(2)(a) states that a voluntary liquidator in a MVL may be removed by a general meeting of the company summoned specially for that purpose. IA 1986, s 171(3) states:

‘Where the liquidator in a members' voluntary winding up was appointed by the court under section 108, a meeting such as is mentioned in subsection (2)(a) shall be summoned only if—

(a) the liquidator thinks fit,

(b) the court so directs, or

(c) the meeting

Popular documents