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Section 133: Public examination of officers

Insolvency Act 1986 · 1986 c. 45View on legislation.gov.uk

Part IV: Winding Up of Companies Registered under the Companies Acts — Chapter VI: Winding Up by the Court

Where a company is being wound up by the court, the official receiver or, in Scotland, the liquidator may at any time before the dissolution of the company apply to the court for the public examination of any person who—

is or has been an officer of the company; or
has acted as liquidator or administrator of the company or as receiver or manager or, in Scotland, receiver of its property; or
not being a person falling within paragraph (a) or (b), is or has been concerned, or has taken part, in the promotion, formation or management of the company.

Unless the court otherwise orders, the official receiver or, in Scotland, the liquidator shall make an application under subsection (1) if he is requested in accordance with the rules to do so by—

one-half, in value, of the company's creditors; or
three-quarters, in value, of the company's contributories.

On an application under subsection (1), the court shall direct that a public examination of the person to whom the application relates shall be held on a day appointed by the court; and that person shall attend on that day and be publicly examined as to the promotion, formation or management of the company or as to the conduct of its business and affairs, or his conduct or dealings in relation to the company.

The following may take part in the public examination of a person under this section and may question that person concerning the matters mentioned in subsection (3), namely—

the official receiver;
the liquidator of the company;
any person who has been appointed as special manager of the company's property or business;
any creditor of the company who has tendered a proof or, in Scotland, submitted a claim in the winding up;
any contributory of the company.

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This legislation text comes from legislation.gov.uk. Contains public sector information licensed under the Open Government Licence v3.0. These source and reuse terms cover the legislation text, not Remedy's commentary.

Reuse reviewed 21 August 2026 under Open Government Licence v3.0.