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.
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