Declaration of solvency permits members' voluntary winding up when directors affirm ability to pay creditors within specified period. Directors (or a majority where applicable) may make an affidavit declaring, after full inquiry, that the company has no debts or can pay its debts in full within a specified period not exceeding three years; the declaration must be made within five weeks before the winding-up resolution, delivered to the Registrar before that date, and accompanied by the auditors' report and a balance sheet with a statement of assets and liabilities. A director making a declaration without reasonable grounds faces imprisonment, fine, or both, and failure to pay debts within the specified period gives rise to a presumption that reasonable grounds were lacking. A compliant declaration effects a members' voluntary winding up; absence of one effects a creditors' voluntary winding up.
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Provisions expressly mentioned in the judgment/order text.
Declaration of solvency permits members' voluntary winding up when directors affirm ability to pay creditors within specified period.
Directors (or a majority where applicable) may make an affidavit declaring, after full inquiry, that the company has no debts or can pay its debts in full within a specified period not exceeding three years; the declaration must be made within five weeks before the winding-up resolution, delivered to the Registrar before that date, and accompanied by the auditors' report and a balance sheet with a statement of assets and liabilities. A director making a declaration without reasonable grounds faces imprisonment, fine, or both, and failure to pay debts within the specified period gives rise to a presumption that reasonable grounds were lacking. A compliant declaration effects a members' voluntary winding up; absence of one effects a creditors' voluntary winding up.
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