Commencement of winding up deemed at company resolution, subject to tribunal discretion for fraud or mistake when petition follows. Where a company passes a resolution for voluntary winding up before a petition, the winding up is deemed to commence at the time of that resolution and voluntary-winding-up proceedings are treated as valid unless the Tribunal, on proof of fraud or mistake, directs otherwise; if there is no prior resolution, winding up by the Tribunal is deemed to commence at the presentation of the petition.