Corporate insolvency (PG35)
How to deal with applications involving the insolvency of corporate bodies. Mainly for insolvency practitioners and conveyancers (practice guide 35).
Applies to England and Wales
Documents
Details
This guide gives information about applications involving corporate bodies that are insolvent and where a liquidator has been appointed. It is aimed at insolvency practitioners, conveyancers and other legal advisers and you should interpret references to ‘you’ accordingly. HM Land Registry staff will also refer to it.
We only provide factual information and impartial advice about our procedures. Read more about the advice we give.
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Updates to this page
Published 13 October 2003Last updated 16 September 2024 + show all updates
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We have updated section 7.7 to confirm when we will consider an application for cancellation of a restriction on a freehold title in favour of a dissolved management company.
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Section 4.3 has been amended to clarify practice in relation to execution of documents where two or more liquidators have been appointed.
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Section 2.5 has been amended to clarify our requirements and acceptable evidence where liquidation is by an order of the court.
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Section 2.6 has been added to clarify HM Land Registry’s requirements when registering a company in liquidation as proprietor of a registered estate or a registered charge. Section 6.2.3 has been amended on His Royal Highness The Prince of Wales becoming Duke of Edinburgh.
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Section 2.4 has been amended to refer to the deemed consent procedure.
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Section 4.2 has been amended to distinguish between members’ and creditors’ voluntary winding up and to clarify HM Land Registry’s requirements.
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Section 6.1 has been amended as a result of customer correspondence.
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Section 2.4.1 has been added and section 6.1 has been amended to cover where an administrator of a company moves a company from administration to dissolution.
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Section 1.1 has been updated to reflect our current practice relating to the use of copy documents for registration.
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Sections 1, 2.3, 2.4. 2.5 and 5.1 have been updated to reflect the provisions of the Insolvency (Miscellaneous Amendments) Regulations 2017 (SI 2017/1119) which bring the insolvency procedures for limited liability partnerships into line with the changes already made to insolvency procedures for companies.
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This guide has been updated to take account of changes made by the Insolvency (England and Wales) Rules 2016, as amended by the Insolvency (England and Wales) (Amendment) Rules 2017.
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Section 2.6 has been added to clarify that where joint liquidators are appointed, the appointment must state whether they can act jointly or jointly and severally. This is not a change in practice but a requirement of section 231(2) of the Insolvency Act 1986.
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A minor amendment has been made to section 7.1. This incorrectly referred to a company dissolved before 1 October 2006; it has been corrected to a company dissolved before 1 October 2009. Section 7.7.2 has been added relating to restrictions on freehold titles in favour of a named management company which has been dissolved.
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Section 6.1 has been amended. From 10 October 2015 a company which has been wound up voluntarily is deemed to be dissolved after two months rather than three.
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Link to the advice we offer added.
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Welsh translation added.
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First published.