Miscellaneous Forms. 715 9. Your petitioner, G. M., is a holder of 240 shares in the said company, all of which have been fully paid up. 10. Your petitioner, W. J. C., is a creditor of the said company to an amount of more than 501., that is to say, to the amount of 2,8001. for moneys deposited. 11. Your petitioners believe that it will be advantageous, both for the creditors and contributories of the company, that under the circumstances of the case, the company should be wound up voluntarily, and your petitioners believe that a very large majority, both of the creditors and contributories, were and are in favour of such voluntary winding up, and to that end of having the said resolutions adopted and carried out. 12. Your petitioners are desirous that the company should be wound up, and are advised that it is of the utmost importance that an order for that purpose should be made. Your petitioners therefore humbly pray that the said voluntary winding-up, which was resolved upon at the meeting so held as abovementioned, may be allowed to continue, subject to the supervision of the Court, with liberty to any creditor or contributory of the company to apply to the Court, or that an order may be made for winding-up the said company by the Court, under the provisions of the Companies Acts, 1862 and 1867, or that your Lordship will be pleased to make such other order as to your Lordship shall seem meet (a). No. 33. FORMS REQUIRED IN REGISTERING AN EXISTING JOINT STOCK (a) COMPANY UNDER THE COMPANIES ACT, 1862, AS A COMPANY LIMITED BY SHARES. Notice of General Meeting (b). Notice is hereby given that a General Meeting of the Company will be held at on the day of (a) Vice-Chancellor Kindersley made an order directing that the voluntary windingup should continue, subject to the supervision of the Court, but that order was reversed by appeal; but see now cases cited in notes to ss. 147, 149, pp. 363, 864. (a) For definition of a Joint Stock Company, see s. 181 of the Act of 1862, p. 392 (b) This notice should be served in the way in which notices of a general meeting are directed to be served by the regulations of the company. of procuring the assent of the company to its being registered under the Companies Act, 1862, as a company limited by shares, and to change the name of the company, by the addition of the word "limited" to its present name. See s. 179 of the Act of 1862, p. 390. No. 34. Form of Resolution. Resolution passed at a General Meeting for registering the Company under the Companies Act, 1862, as a company limited by shares. At a general meeting of the Company, summoned for the purpose of procuring the assent of the company to its being registered under the Companies Act, 1862, as a company limited by shares, and to change its name by the addition of the word "limited" to its former name thereof, It was resolved, (a) That this company be registered under the Companies Act, 1862, as a company limited by shares, and that the name of the company be changed to that of "The Signed, Company, Limited." Chairman of the meeting. See s. 179, p. 390. No. 35. The constituted by Application for Registration. Company (a) Here insert "unanimously," or "by a majority of more than three-fourths in number and value of the members present personally or by proxy," as the case may be. Miscellaneous Forms. 717 dated the desires to register itself as a company limited by shares, under the Companies Act, 1862, by the name of and for that purpose, presents the documents mentioned in the accompanying lists (a) for registration under the said Act, (b) Declaration by two Directors or two other Principal Officers Verifying Do solemnly and sincerely declare, FIRSTLY, that the Document accompanying this declaration, and marked with the letter is a true Copy of the (deed of settlement, Act of Parliament, &c.) constituting the Company; SECONDLY, that the document marked with the letter day of were and accompanying this declaration, is a true list of the names, addresses, and occupations of all persons who on the members of the said Company, with the addition of the Shares held by such members respectively, with each share distinguished by its number; (d) THIRDLY, that the document marked with the letter and accompanying this declaration, is a true statement of the nominal Capital of the said Company, and of the number of Shares into which that Capital is (a) See s. 183, p. 393. (b) This application is to be signed by a director, secretary, or other authorized officer of the company. (c) Directors or other principal officers. (d) If the shares are not distinguished by numbers, omit the words in italics, and add "but such shares not being numbered, it is impossible to distinguish them by their numbers.", 718 FORMS RELATING TO COMPANIES. divided, and of the number of shares taken, and of the amount paid on each share, and also of the name of the company, made up to the day of letter ; FOURTHLY, that the document marked with the and accompanying this declaration, is a true copy of a resolution passed by the company, assenting to its being registered under the Companies Act, 1862, as a company limited by shares, and altering its name accordingly. And we make this solemn Declaration, conscientiously believing the same to be true, and by virtue of the provisions of an Act of Parliament made and passed in the Session holden in the fifth and sixth years of the reign of King William the Fourth, Chapter 62, intituled "An Act to repeal an Act of the present Session of Parliament, intituled 'An Act for the more effectual Abolition of Oaths and Affirmations taken and made in various departments of the State,' and to substitute Declarations in lieu thereof, and for the more entire suppression of voluntary and extrajudicial Oaths and Affidavits, and to make other provision for the Abolition of Unnecessary Oaths." NOTE-Each document should be identified by a certificate of the officer before whom the declaration is made. A convenient form of certificate is as follows:-"I certify that this is the document referred to as the document marked declaration of the two of the company, made before me, this day of in the of See s. 186, p. 395. APPENDIX III. 1 OTHER ACTS RELATING TO COMPANIES, &c. PARTNERSHIP LAW AMENDMENT ACT, 28 & 29 Vict., c. 86. INDUSTRIAL AND PROVIDENT SOCIETIES ACT, 1862, 25 & 26 Vict., c. 87. |