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Company – Member. The Companies Court ruled that the trustees in the bankruptcy of the first respondent's husband were entitled to present a petition to wind up a company in which he had shares because they were to be regarded as 'a member' of the company, for the purposes of s 74 of the Insolvency Act 1986 and, therefore, as registered within the company's register of members for the relevant period. On the balance of probability, the trustees had established unfair prejudice and grounds for winding up the company, subject to financial issues yet to be determined.
Company – Member. The Companies Court ruled that the trustees in the bankruptcy of the first respondent's husband were entitled to present a petition to wind up a company in which he had shares because they were to be regarded as 'a member' of the company, for the purposes of s 74 of the Insolvency Act 1986 and, therefore, as registered within the company's register of members for the relevant period. On the balance of probability, the trustees had established unfair prejudice and grounds for winding up the company, subject to financial issues yet to be determined.
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