Section 175: Order to enforce or relieve liquidator from compliance

175. Order to enforce or relieve liquidator from compliance (1) An application for an order under this section may be made by— (a) a liquidator; (b) a person seeking appointment as a liquidator; (c) a committee of inspection; (d) a creditor, shareholder, other entitled person, or a director of the company in liquidation; (e) a receiver appointed in relation to property of the company in liquidation; (f) the Registrar of Companies; or (g) the Director. (2) No application may be made to the Court by a person other than a liquidator in relation to a failure to comply unless notice of the failure to comply has been served on the liquidator not less than 5 days before the I14 – 103 [Issue 3] Insolvency Act date of the application and, as at the date of the application, there is a continuing failure to comply. (3) Where the Court is satisfied that there is, or has been, a failure to comply, the Court may— (a) relieve the liquidator of the duty to comply wholly or in part; or (b) without prejudice to any other remedy which may be available in relation to a breach of duty by the liquidator, order the liquidator to comply to the extent specified in the order. (4) The Court may, in relation to a person who fails to comply with an order made under subsection (3), or is or becomes disqualified under section 109 to become or remain a liquidator— (a) remove the liquidator from office; or (b) order that the person may be appointed and act, or may continue to act, as liquidator, notwithstanding section 109.