Section 56 in The Companies (Second Amendment) Act, 2002
56. Substitution of new sections for sections 440 and 441.- For sections 440 and 441 of the principal Act, the following sections shall be substituted, namely:-" 440. Right to present winding up petition where company is being wound up voluntarily.- (1) Where a company is being wound up voluntarily, a petition for its winding up by the Tribunal may be presented by-(a) any person authorised to do so under section 439; or
(b)the Official Liquidator.(2) The Tribunal shall not make a winding up order on a petition presented to it under sub- section (1), unless it is satisfied that the voluntary winding up cannot be continued with due regard to the interests of the creditors or contributories or both.
