Winding-up forms and practice

Front Cover
Stevens and Sons, Limited, 1904

From inside the book

Contents

Petition of judgment creditor
20
Petition by assignee of judgment creditor
21
Petition of policy holder in life assurance company
22
Petition by debenture holder
23
Petition where prior petitioner settled
24
Petition by company unable to pay its debts
25
Statement of service of statutory demand
26
Statutory demand for payment of debt
27
Petition by fully paidup shareholder
28
COMMON FORMS AND GENERAL PROCEDURE pp 2946
29
Petition to wind up unregistered company
30
Form PAGE 1 General title High Court Byrne or Buckley J
31
General title County Court
32
Petition to Durham Palatine Court
33
Application for inspection of file High Court
34
Register of petitions to be kept in the Courts
35
Notice of motion Byrne or Buckley J
36
72
37
Summons general Byrne or Buckley J
38
Formal parts of affidavit by one person
42
12A Prefatory matter in orders
43
Application for office copy
44
Summons or notice of motion for provisional liquidator
80
81
81
85A Another
86
8888
87
ADVERTISEMENT AND SERVICE OF PETITION pp 8997
89
Advertisement of petition for compulsory or supervision order 37 Second advertisement where supervision order requested 38 Affidavit of service o...
92
Ditto on liquidator supervision 40 Ex parte summons for special order for service 41 Affidavit on summons for substituted service 42 Order for servi...
94
Special order office closed c
95
Affidavit of service pursuant to special order 95 96
96
EVIDENCE ON PETITION pp 98102
98
49A Affidavit where petitioner company 49B Order that affidavit sufficient 50 Order extending time to file affidavit 51 Order for crossexamination
101
Order for witnesses to attend in Court
102
AMENDMENT SECURITY FOR COSTS pp 103106
103
Order for affidavit and inspection
107
HEARING OF PETITION CALLING MEETINGS
109
Standing over pending crossexamination
122
Order for costs debt paid before hearing
128
Liberty to creditors to attend
142
Notification to official receiver of order pronounced
150
OFFICIAL RECEIVERS pp 196208
196
STATEMENT OF AFFAIRS AND PRELIMINARY
209
Affidavit of concurrence
223
APPOINTMENT OF LIQUIDATOR AND COM
249
SECURITY OF LIQUIDATOR AND SPECIAL
257
pp 264281
264
Form PAGE 192B Vesting order unregistered company
281
COMMITTEE OF INSPECTION POWERS PRO CEEDINGS AND REMUNERATION pp 282291
282
Minutes of meeting of committee of inspection
287
Notice of meeting of creditors c to fill up vacancy
288
Application for direction of official receiver as committee
289
Sanction of committee to carrying on business
290
Sanction to litigation by liquidator
291
REMUNERATION OF LIQUIDATOR pp 292296
292
Summons to fix liquidators remuneration
295
ACCOUNTS OF LIQUIDATOR AND PROCEDURE UNDER SECT 15 OF 1890 pp 297332
297
Cash book with analysis
299
Certificate of audit by committee of inspection
300
Affidavit verifying trading account
301
Copy cash book for filing
303
Report to accompany account
304
Affidavit verifying account ordinary
305
Summary of accounts under r 139
306
Board of Trade certificate of audit
307
220 Liquidators statement under sect 15 of 1890 with directions 314
314
Request for particulars of undistributed assets
319
234c Order for attachment for not accounting
325
BANKING ACCOUNT AND INVESTMENT
333
Certificate as to cash balance and request for investment
340
Order to carry on and render monthly accounts
346
192A Report by solicitor on proceedings taken
348
96A Report of official receiver supporting application
350
98B General form
395
FIRST MEETINGS OF CREDITORS
427
Notice to Board of Trade of first meetings
457
Notice to contributories of first meeting
481
Proof of debt
767
98c Another before windingup order
1072
General proxy
1076
Memorandum of advertisement or gazetting 45
1169

Common terms and phrases

Popular passages

Page 265 - It must not be forgotten that you are not to extend arbitrarily those rules which say that a given contract is void as being against public policy, because if there is one thing which more than another public policy requires it is that men of full age and competent understanding shall have the utmost liberty of contracting, and that their contracts, when entered into freely and voluntarily, shall be held sacred, and shall be enforced by courts of justice.
Page 719 - Whenever the .company has passed an extraordinary resolution to the effect that it has been proved to their satisfaction that the company cannot by reason of its liabilities continue its business, and that it is advisable to wind up the same...
Page 629 - Every conveyance or transfer of property, or charge thereon made, every payment made, every obligation incurred, and every judicial proceeding taken or suffered by any person unable to pay his debts as they become due from his own money in favour of any creditor, or any person in trust for any creditor, with a view of giving such creditor a preference over the other creditors...
Page 510 - Every share in any company shall be deemed and taken to have been issued and to be held subject to the payment of the whole amount thereof in cash, unless the same shall have been otherwise determined by a contract duly made in writing, and filed with the Registrar of Joint Stock Companies at or before the issue of such shares.
Page 61 - Whenever the Court is of opinion that it is just and equitable that the company should be wound up.
Page 723 - Ordinary in the case aforesaid, if satisfied that the determination of such question, or the required exercise of power, will be just and beneficial, may accede, wholly or partially, to such application, on such terms and subject to such conditions as the Court thinks fit, or it may make such other order, interlocutor, or decree on such application as the Court thinks just.
Page 313 - The Court may, after it has made an order for winding up the company, summon before it any officer of the company or person known or suspected to have in his possession any of the estate or effects of the company...
Page 312 - B. in the first schedule hereto, the several fees therein specified, or such smaller fees as the Board of Trade may from time to time direct...
Page 6 - No past Member shall be liable to contribute in respect of any Debt or Liability of the Company contracted after the 1 5 Time at which he ceased to be a Member...
Page 786 - Court, to prosecute such offender, and all expenses properly incurred by them in such prosecution shall be payable out of the assets of the company in priority to all other liabilities.

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