HC Deb 10 May 1994 vol 243 cc259-60

Amendments made: No. 63, in page 68, line 34, after 'if' insert ', at any time in the previous 3 months,'. No. 64, in page 68 leave out lines 35 to 40 and insert—

  1. '(a) changed its name,
  2. (b) traded or otherwise carried on business,
  3. (c) made a disposal for value of property or rights which, immediately before ceasing to trade or otherwise carry on business, it held for the purpose of disposal for gain in the normal course of trading or otherwise carrying on business, or
  4. (d) engaged in any other activity, except one which is—
  1. (i) necessary or expedient for the purpose of making an application under section 652A, or deciding whether to do so,
  2. (ii) necessary or expedient for the purpose of concluding the affairs of the company,
  3. (iii) necessary or expedient for the purpose of complying with any statutory requirement, or
  4. (iv) specified by the Secretary of State by order for the purposes of this sub-paragraph.
(1A) For the purposes of subsection (1), a company shall not be treated as trading or otherwise carrying on business by virtue only of the fact that it makes a payment in respect of a liability incurred in the course of trading or otherwise carrying on business.'. No. 65, in page 70, line 14, leave out '(c)' and insert '(d)'.

No. 66, in page 70, leave out lines 41 to 45 and insert—

  1. '(i) changes its name,
  2. (ii) trades or otherwise carries on business,
  3. (iii) makes a disposal for value of any property or rights other than those which it was necessary or expedient for it to hold for the purpose of making, or proceeding with, an application under section 652A, or
  4. (iv) engages in any other activity, except one to which subsection (6) applies.'.
No. 67, in page 71, line 16, at end insert—
  1. '(6) This subsection applies to any activity which is—
    1. (a) necessary or expedient for the purpose of making, or proceeding with, an application under section 652A,
    2. (b) necessary or expedient for the purpose of concluding affairs of the company which are outstanding because of what has been necessary or expedient for the purpose of making, or proceeding with, such an application,
    3. (c) necessary or expedient for the purpose of complying with any statutory requirement, or
    4. (d) specified by the Secretary of State by order for the purposes of this subsection.
  2. (7) For the purposes of subsection (4)(a), a company shall not be treated as trading or otherwise carrying on business by virtue only of the fact that it makes a payment in respect of a liability incurred in the course of trading or otherwise carrying on business.'.
No. 68, in page 71, line 17, leave out from '652D.—(1)' to 'For' in line 30.

No. 70, in page 72, line 9, at end insert—

'( ) include power to make different provision for different cases or classes of case,'. No. 69, in page 72, leave out lines 19 to 22 and insert— '(9) In sections 65213 and 652C. "disposal" includes part disposal.'.—[Mr. Neil Hamilton.]

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