Issues with winding up resolutions have come up twice this week and we thought that we’d share our thoughts with you in the light of the issues raised.
You should check both the nature and the wording of the winding up resolution that you are seeking and confirm that the same nature and wording are used in the notices that are then published in the Gazette.
Make sure that the resolution complies with the requirements of section 84(1)(b). It has to be a special resolution and it must include the wording “that the company be wound up voluntarily.” We have seen a variety of different resolution wordings in our travels and in the Gazette, and it is apparent that at least one version of one of the proprietary case management software systems still refers to an “extraordinary” resolution in its standard general meeting documents and Gazette notices.
