Section 440 | Basis of winding up under section 439(3)

(1)This section applies for the purposes of section 439(3).

(2)In the notional winding up of the relevant company, the part of the assets available for distribution among the participators which any person is entitled to receive is the aggregate of—

(a)any part of those assets which the person would be entitled to receive in the event of the winding up of the relevant company, and

(b)any part of those assets which the person would be entitled to receive if—

(i)any other company which is a participator in the relevant company and is entitled to receive any assets in the notional winding up were also wound up on the basis set out in this section, and

(ii)the part of the assets of the relevant company to which the other company is entitled were distributed among the participators in the other company in proportion to their respective entitlement to the assets of the other company available for distribution among the participators.

(3)In the application of subsection (2)—

(a)to the notional winding up of the other company mentioned in paragraph (b) of that subsection, and

(b)to any further notional winding up required by that paragraph (or by any further application of that paragraph),

references to “the relevant company” are to be read as references to the company concerned.