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Section 134: Guidelines for orders

Insolvency Act · PART III: WINDING UP AND ALTERNATIVES

consolidated text (as at 2017, amended since). juris shows the text as it was consolidated; it does not confirm that this is the law in force today.

134. Guidelines for orders (1) In deciding whether it is just and equitable to make an order under section 133 (1) (a), the Court shall have regard to the extent to which the circumstances that gave rise to the liquidation of the company are attributable to the actions of the related company. (2) In deciding whether it is just and equitable to make an order under section 133 (1) (b), the Court shall have regard to— (a) the extent to which any of the companies took part in the management of any of the other companies; (b) the conduct of any of the companies towards the creditors of any of the other companies; (c) the extent to which the circumstances that gave rise to the liquidation of any of the companies are attributable to the actions of any of the other companies; and (d) the extent to which the business of the companies have been combined. (3) The fact that creditors of a company in liquidation relied on the fact that another company is, or was, related to it is not a ground for making an order under section 133. I14 – 81 [Issue 3] Insolvency Act

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