Insolvency Act 1986, section 129

Commencement of winding up by the court

Part IV Winding Up of Companies Registered under the Companies Acts

(1)If, before the presentation of a petition for the winding up of a company by the court, a resolution has been passed by the company for voluntary winding up, the winding up of the company is deemed to have commenced at the time of the passing of the resolution; and unless the court, on proof of fraud or mistake, directs otherwise, all proceedings taken in the voluntary winding up are deemed to have been validly taken.

[F303 (1A)Where the court makes a winding-up order by virtue of paragraph 13(1)(e) of Schedule B1, the winding up is deemed to commence on the making of the order.F303]

(2)In any other case, the winding up of a company by the court is deemed to commence at the time of the presentation of the petition for winding up.

Definitions used in section 129 1

the company

2 Section 233B does not apply in relation to a contract for the supply of goods or services to a company (“the company”) where any of paragraphs 3 to 11 applies.

Defined in Sch.4ZZA para.2 · see it in the full Act

Cases considering section 129 26

A Company (Number CR-2024-BHM-000012), Re

[2024] EWCA Civ 1436 · 25 November 2024

Applied to show that a court winding-up is deemed to commence at presentation of the petition, thereby attaching important legal consequences to that date. (see paras [22]-[23])

Secretary of State for Business and Trade v Simran Sahonta & Ors

[2025] EAT 166 · 10 November 2025Limits

The deemed commencement of a court winding up at presentation of a petition was not incorporated into regulation 8(7) and was not determinative. The petition date could nonetheless be relevant in the required all-circumstances assessment. (see paras [33]-[35])

James Court Limited (in liquidation) v Hindsight Contractors Limited

[2023] EWHC 1101 (Ch) · 9 May 2023

Applied to identify commencement of the winding-up as the presentation of the winding-up petition. The payments therefore fell within the section 127 regime because they were made after presentation (see paras [3]; [7]-[8]; [25]).

6 more judgments, and what each says about section 129, are in the case-law panel in the full Act.

Amendments and notes

9 notes from legislation.gov.uk

Amendments

  1. F303S. 129(1A) inserted (15.9.2003) by 2002 c. 40, ss. 248(3), 279, Sch. 17 para. 16 (with s. 249(1)-(3)(6)); S.I. 2003/2093, art. 2(1), Sch. 1 (subject to arts. 3-8 (as amended by S.I. 2003/2332, art. 2))

Modifications

  1. C356S. 129 applied (7.2.1994) by 1993 c. 48, s. 144(4)(b)(i) (with s. 6(8)); S.I. 1994/86, art. 2
  2. C357S. 129 applied (with modifications) (6.6.2013) by The Collective Investment in Transferable Securities (Contractual Scheme) Regulations 2013 (S.I. 2013/1388), Pt. 3 reg. 1, Sch. 2 paras. 3, 5 Table (with reg. 24)
  3. C358S. 129(1A) modified (5.10.2004) by Energy Act 2004 (c. 20), ss. 159(1), 198, Sch. 20 para. 45; S.I. 2004/2575, art. 2(1), Sch. 1
  4. C359S. 129(1A) modified (1.10.2011) by Postal Services Act 2011 (c. 5), ss. 73, 93(2)(3), Sch. 10 para. 45; S.I. 2011/2329, art. 3 (with arts. 4, 5)
  5. C360S. 129(1A) modified by S.I. 2012/3013, Sch. 2 para. 38 (as inserted (4.7.2018) by The Insolvency of Registered Providers of Social Housing Regulations 2018 (S.I. 2018/728), regs. 1, 3(6), Sch. 2)
  6. C361S. 129(1A) modified (4.7.2018) by The Insolvency of Registered Providers of Social Housing Regulations 2018 (S.I. 2018/728), regs. 1, 2(3), Sch. 1 Pt. 2
  7. C362S. 129(1A) modified (5.7.2018) by Housing and Planning Act 2016 (c. 22), s. 216(3), Sch. 5 para. 44; S.I. 2018/805, reg. 3(b)
  8. C363S. 129(2) modified (temp.) (retrospective to 27.4.2020) by Corporate Insolvency and Governance Act 2020 (c. 12), Sch. 10 paras. 8(1)(2), 9 (with ss. 2(2), 5(2))