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From these decisions it appears that the creditors' representative is entitled to attend the settling of the list of contributories in chambers but not in Court, unless the interests of the creditors are not substantially represented by the official liquidator. He is further entitled to attend all proceedings in chambers upon the claims of the creditors, and judging from analogy to the last cited case he is entitled to appear on all applications connected with the property of the Company and the realization thereof, and on all compromises with the creditors or contributories, as in all these last mentioned matters the creditors' interests are as great as in settling the list of contributories.
It may be that on the appointment of the creditors' or contributories' representative by the Judge under rule 61, leave to appear might be limited to certain special matters.
A form of the order appointing a creditors' representative will be found in Appendix.
The practice as to inspection of the books of the Company, and the file of proceedings in the winding up is governed by the following section and rules:
Sect. 156. Where an order has been made for winding up a Inspection Company by the Court, or subject to the supervision of the of books. Court, the Court may make such order for the inspection by the creditors and contributories of the Company of its books and papers as the Court thinks just, and any books and papers in the possession of the Company may be inspected by creditors or contributories in conformity with the order of the Court but not further or otherwise.
Rule 58. All orders, exhibits, admissions, memorandums, and office copies of affidavits, examinations, depositions, and certificates, and all other documents relating to the winding-up of any Company, shall be filed by the official liquidator, as far as may be, in one continuous file, and such file shall be kept by him, or otherwise, as the Judge may from time to time direct. Every contributory of the Company, and every creditor thereof whose debt or claim has been allowed, shall be entitled, at all reasonable times, to inspect such file free of charge, and, at his own expense, to take copies or extracts from any of the documents comprised therein, or to be furnished with such copies or extracts at a rate not exceeding three-halfpence per folio of seventy-two words; and such file shall be produced in Court, or before the Judge, and otherwise, as occasion may require.
It will be observed that rule 58 refers alone to the file of proceedings in the winding up in the possession of the official liquidator, and therefore any application for the inspection of the books and papers of the Company must be made on special application by summons, and according to the general practice of the Court the official liquidator may, in any disputed case, be called on to make an affidavit of books and documents in his possession, and an order may be made for him to do so and for the inspection of the books by the applicants as in a suit. See post, Chapter on Evidence.
By sect. 85 of the Act it is provided as follows:"The Court may also at any time after the presentation of such petition (the petition to wind up), and before the first appointment of liquidators, appoint provisionally an official liquidator of the estate and effects of the Company."
By rule 15 it is provided :
"Where it is desired to appoint provisionally an official liquidator, an application for that purpose may at any time after the presentation of the petition for winding up the Company be made by summons without advertisement or notice to any person, unless the Judge shall otherwise direct, and such provisional liquidator may, if the Judge shall think fit, be appointed without security."
And by rule 59 as follows:--
"All the above rules relating to official liquidators shall, so far as the same are applicable and subject to the direction of the Judge in each case, apply to provisional liquidators.'
For the rules referred to in the last mentioned rule reference must be made to Part 2 of this Chapter.
Under the first of the above mentioned rules a provisional liquidator was appointed on the hearing of the petition, and one chosen, out of two nominated in the matter of The Leeds Banking Company, Vice Chancellor Kindersley (October, 1864); and on that occasion by consent without security.
In The Commercial Discount Company (11 W. R. 353) the Master of the Rolls refused to appoint a provisional official liquidator, except by consent.
In Re The Rockall Fishing, &c., Company (11 W. R. 84) the Vice Chancellor Wood, on an unopposed petition, appointed by consent an official liquidator at the hearing of the petition to wind up, subject, however, to any application to alter the appointment at the proper time.
A form of the summons for the appointment of a provisional official liquidator will be found in the Appendix.
The order, being made in chambers, is drawn up there, and entered as other common chamber orders, unless otherwise directed. See Form of Order, Appendix.
PART II.-OFFICIAL LIQUIDATOR.
The following sections and rules apply to official liquidators :
Sect. 92. For the purpose of conducting the proceedings Appointment in winding up a Company and assisting the Court therein, of official there may be appointed a person or persons to be called an official liquidator or official liquidators; and the Court having jurisdiction may appoint such person or persons either provisionally or otherwise, as it thinks fit, to the office of official liquidator or official liquidators; in all cases if more persons than one are appointed to the office of official liquidator, the Court shall declare whether any act hereby required or authorized to be done by the official liquidator is to be done by all or any one or more of such persons. The Court may also determine whether any and what security is to be given by any official liquidator on his appointment; if no official liquidator is appointed, or during any vacancy in such appointment, all the property of the Company shall be deemed to be in the custody of the Court.
93. Any official liquidator may resign or be removed by Resignathe Court on due cause shown: And any vacancy in the tions, reinovals, filling office of an official liquidator appointed by the Court shall up vacancies, be filled by the Court: There shall be paid to the official and compenliquidator such salary or remuneration, by way of per-centage or otherwise, as the Court may direct; and if more liquidators than one are appointed such remuneration shall be distributed amongst them in such proportions as the Court directs.
94. The official liquidator or liquidators shall be described Style and by the style of the official liquidator or official liquidators of duties of the particular Company in respect of which he is or they dator. are appointed, and not by his or their individual name or names; he or they shall take into his or their custody, or under his or their control, all the property, effects, and things in actions to which the Company is or appears to be entitled, and shall perform such duties in reference to the winding up of the Company as may be imposed by the Court.
152. Where an order has been made for the winding up Appointment of a Company subject to the supervision of the Court, and cases of such order is afterwards superseded by an order directing voluntary the Company to be wound up compulsorily, the Court may to office of liquidators in such last mentioned order, or in any subsequent order, official liquiappoint the voluntary liquidators, or any of them, either dators. provisionally or permanently, and either with or without