Part 10 — Dissolution Division 1 Cancellation of Incorporation
215 Application to Court for winding-up
Court for the winding-up of a company may be made by the
company or a contributory or contributories, or either of those
parties, together or separately.
(2) A contributory is not entitled to apply to the Court for the
winding-up of a company unless
(a) the number of the members is reduced, in the case of a
private company, below 2, or, in the case of any other
company, below 3, or
(b) the shares in respect of which the person is a contributor y,
or some of them, were originally allotted to the person, or
have been held by the person and registered in the person's
name for at least 6 months during the 18 months before the
commencement of the winding-up, or have devolved on the
person through the death of a former holder.
(3) When a company is being wound up voluntarily or is being
wound up subject to the supervision of the Court, an application to
have the company wound up by the Court may be made to the
Court by the liquidator, any creditor or any other person authorized
to do so under the other provisions of this section, but the Court
may make the winding-up order on the application only if it is
satisfied that the voluntary winding-up or winding-up subject to the
supervision of the Court cannot be continued with due regard to the
interests of the creditors or contributories.
RSA 2000 cC-21 s215;2020 c25 s2(93)