"What comprises an ‘unregistered company’ under section 220(1) of the Insolvency Act 1986? (East Riding of Yorkshire Council v KMG)"

Section 221(1) of the Insolvency Act 1986 empowers the court to wind up an “unregistered company” - defined in section 220(1) as including “any association and any company, with the exception of a company registered under the Companies Act 2006 in any part of the United Kingdom”.

What is the ambit of section 220(1)?  In an analysis for LexisNexis UK, Daniel Lightman KC and Oliver Caplan (of 18 St John Street Chambers ) consider this question by reference to the recent judgment of Richard Smith J in East Riding of Yorkshire Council as administrating authority of the East Riding Pension Fund v KMG SICAV-SIF-SA [2024] EWHC 2845 (Ch), in which they represented the successful respondent, instructed by Ben Gold, Caroline Shiffner and Sarah Herniman of RPC.

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