COMPANIES ACT, 1929

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Part X.
WINDING UP OF UNREGISTERED COMPANIES.

337. For the purposes of this Part of this Act, the expression
“unregistered company’ shall include any trustee savings bank
certified under the Trustee Savings Banks Act, 1863, and any
partnership, whether limited or not, any association and anv com-
pany with the following exceptions: —

(1) a railway company incorporated by Act of Parliament,

except in so far as is provided by the Abandonment of
Railways Act, 1850, and the Abandonment of Railways
Act, 1869, and any Acts amending them;
a company registered in any part of the United Kingdom
under the Joint Stock Companies Acts or under the Com-
panies Act, 1862, or under the Companies (Consolidation)
Act, 1908, or under this Act;

(3) a partnership, association or company which consists of
less than eight members and is not a foreign partnershir
association or company,

(4) a limited partnership registered in England or Northern
Ireland.
338.—(1) Subject to the provisions of this Part of this Act, any
unregistered company may be wound up under this Act, and all the
provisions of this Act with respect to winding up shall apply to an
unregistered company, with the following exceptions and additions:

(a) If an unregistered company has a principal place of business
situate in Northern Ireland, it shall not be wound up under
this Part of this Act unless it has a principal place of busi-
ness situate in England or Scotland or in both England and
Scotland:

An unregistered company shall, for the purpose of deter-
mining the court having jurisdiction in the matter of the
winding up, be deemed to be registered in England or
Scotland, according as its principal place of business is
situate in England or Scotland, or if it has a principal
place of business situate in both countries, to be registered
in both countries and the principal place of business situate
in that part of Great Britain in which proceedings are being
instituted shall, for all the purposes of the winding up,
be deemed to be the registered office of the company:

No unregistered company shall be wound up under this
Act voluntarily or subject to supervision:

The circumstances in which an unregistered company
be wound up are as follows: —

(i) If the company is dissolved, or has ceased to carry
on business, or is carrying on business only for the p= 33¢
of winding up its affairs;

(ii) If the company is unable to pay its debts;

(ii1) If the court is of opinion that it is just and equit-
able that the company should be wound war

Meaning of un-
registered com-
pany.

26 & 27 Vict.
c. 87

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Winding up of
anregistered
companies.