Insolvency Act 1986, section 90

Distinction between “members’” and “creditors’” voluntary winding up

Part IV Winding Up of Companies Registered under the Companies Acts

A winding up in the case of which a directors’ statutory declaration under section 89 has been made is a “members’ voluntary winding up”; and a winding up in the case of which such a declaration has not been made is a “creditors’ voluntary winding up”.

Cases considering section 90 6

Greenbank Technology Limited (In Liquidation), Re

[2026] EWHC 1466 (Ch) · 16 June 2026

Section 90 makes the existence of a directors’ statutory declaration under section 89 determinative of whether a voluntary winding up is a members’ or creditors’ voluntary winding up. The court applied that consequence to classify the company’s liquidation as a CVL. (see paras [14], [38], [41])

Wesellcnc.Com Ltd, Re

[2013] EWHC 4577 (Ch) · 12 December 2013

Section 90 was applied to conclude that, because no declaration of solvency was in place when the resolution was passed, the winding up was a creditors’ voluntary winding up rather than a members’ voluntary winding up (see para [2]).

Greenwich Millennium Exhibition Ltd. v New Millennium Experience Company Ltd & Anor

[2003] EWHC 1823 (Ch) · 23 July 2003

The court held that section 90 determines whether a winding up is a members’ or creditors’ voluntary winding up by reference to whether an effective declaration of solvency has been made. The alleged inaccuracies did not make this declaration ineffective. (see paras [92], [100]-[107])

What each judgment says about section 90 is in the case-law panel in the full Act.