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operation of, not suspended by winding-up order, 85

proof of debts under winding-up order, notwithstanding, 145


liability of members, with respect to notes, 222
notices to be given before registration of, 225
statement to be kept in office, 50

form of sched. 1 (of act) form D., 262


mode of limiting liability of members, 13
formation of, when limited by shares, 13
formation of, when limited by guarantee, 17
publication and use of name of, 48

to keep register of mortgages, 49

articles of association of, 21

liability of members of, generally, 24

liability to pay up capital where company is limited by gua-
rantee, 109, 173

security for costs by, 74

power of existing companies to register as, 219, 221


general scheme of, may be sanctioned by court, 183

in voluntary winding-up,

to be appointed, 172

definition of power of, 172

power to appoint, may be delegated, 174

may apply to the court, 175

may call general meeting, 175

vacancies in office of, to be filled up, 176

the court may appoint, 176

account to be made by, on conclusion of winding-up, 176

meeting to be reported to registrar by, 177

to be remunerated out of assets of company, 177

may compromise claims, &c. with sanction of court, 183
voluntary, when to be appointed, 180


petition for winding-up company to be, 159

purchasers not to be affected by, unless suit be registered, 159
special case to be, 160

registration of, 160

commencement of, 160

foundation of doctrine of, 160


of contributories, referred to in form 24..334

supplemental, of contributories, and affidavit in support, 337
of contributories referred to in form No. 20..338


may vote by committee, 250, pl. (45); 361, pl. (39)




regulations for, of company limited by shares, 241-258
in Table (B.), under Act 1856..356-369



may be obtained in any of the superior courts, 23
lies against company, when, 23

rule for, may be absolute in first instance, 24


contributories in case of females, 97

when husband becomes liable on, in respect of wife's shares, 97
transmission of shares on, 244, pl. (13), (14); 357, pl. (11)


of contributories may be called by liquidators, 175

to be called for settling accounts, 176

how to be advertized, 177

of creditors or contributories may be summoned, 109, 178

rules respecting, 309, 310

of directors, 253, 254, 359, 360

when called extraordinary, 248, pl. (31); 359, pl. (24)
when to be held, 248, pl. (30); 359

once a year at least, 53

what notice to be given of, 56, 248, pl. (35), (36)
may be summoned by whom, 56, 248, pl. (32), (34)
who to be chairmain of, 56


quorum at, 249, pl. (37)

adjournment of, 249, pl. (38), (41)


business to be transacted at, 248, pl. (35), (36), (37)
accounts to be laid before, 255, pl. (79); 366, pl. (70)
auditor's report to be read at, 257, pl. (94); 368, pl. (84)
proceedings at, 248-250, 364, 365

minutes of, to be entered in books, 71
mode of transacting business at, 72
resolution of, when special, 53

to be sent to registrar, 56

votes at, 56, 267, 361, 362
by proxy, 54

[blocks in formation]

powers of members in general to alter memorandum of asso-
ciation and regulations, 19, 53, 247, pl. (26), (27)

to change name of company, 20, 226

to appoint inspectors of affairs of company, 68


to resolve to wind-up company, 99, 170

to appoint liquidators, 172

to delegate authority for appointing liquidators, 174
of registering existing companies, 220, 221

to dispose of forfeited shares, 245, pl. (20)

to convert shares into stock, 246, pl. (23)

to fix remuneration of directors, 251, pl. (54)

to elect directors, 352, pl. (59), (61)

to increase or reduce number of directors, 253, pl. (63)
to remove directors, 253, pl. (65)

to declare dividends, 254, pl. (72)

appointment of auditors at, 256, pl. (84)
the effect of irregular notice of, 426, 427


definition of term "member," 31

liability of, may be limited, 13

copies of memorandum and articles of association to be given
to, 28

nature of interest of, in company, 31

shares of, may be transferred by personal representatives of, 32
register to be kept, 32

annual list of, with certain particulars, to be returned to regis-
trar, 33

notice of increase of, to be given to registrar, 38

to what extent liable, 45

powers of. See MEETINGS.


Forms of,


of appointment of a person to act as chairman at meeting
of creditors or contributories, 348

of sanction of judge to accepting bill of exchange, 350
of agreement of compromise with a contributory, 350
of sanction of judge to agreement of compromise, 352

questions as to lien on, how to be decided in Stannaries, 161

shares in, when not within Mortmain Act, 433


of resolutions and proceedings to be entered in books, 71

when to be evidence, 71

to be entered in books of company, 365


falsification of books, &c. of company to be, 207

when not triable at sessions, 380

to make a false declaration under Abolition of Oaths Act, 224


may be borrowed by companies, when and when not, 62, 63,


shareholders liable to reimburse directors in respect of bor-
rowed, 65

otherwise where money not applied to legitimate objects, 65
proof in respect of borrowed, 182


proof by, without giving up security, 145


register to be kept by limited company, 49


lands may be held by companies in, 24, 30, 31
by existing companies when registered, 226

form of licence to hold lands in, 275

bequest of shares to charities, when valid notwithstanding laws
of, 432, 433


what applications to be made by, 311

what notice of, requisite, 166



of company to be contained in memorandum of association, 13,

17, 18


for certain companies to change, 20

liability of company when unaffected by change of, 21
identity of, prohibited in case of companies, 29

action for assuming indentical, 30

publication of, of limited company, 48

penalties on non publication of, 48

of industrial and provident society to be published, 385
penalties for neglect, 385

industrial society not to be registered in same name with existing
society, 385

number of names to be specified in licences to banks, 33, 34
return of, not invalid by reason of unintentional error, 399


power to issue, 19

to be considered as part of original capital, 247, pl. (28); 359,
pl. (21)


banking company issuing, cannot have limited liability, 222
promissory, when to be deemed to be accepted by company, 51
cases as to, 51, 52

name of company to be stated in, 48


of acts of bankruptcy, what is, 193–195
of meetings, 56, 248, pl. (35)

of calls on shares, 243

of forfeitures of shares, 245, pl. (17)—(19)

to one director not notice to board of directors, 442, 443
how to be served on company, 69

may be by letter, 69, 258

rules as to notices by, 69

when shares in joint names, 258

authentication of notices of company, 70

three weeks', of appeal to be given, 165

service of, upon contributories and creditors, 314

to be given by banking company intending to register with
limited liability, 225

to be given to registrar of special resolution, 56

of increase of capital, 38

of order to dissolve company, 159

of order of dissolution, 177

appointment bad in consequence of insufficient, 173

of winding-up petition, 296, 297

to creditors to prove debts, 301, 302

of appointment to settle list of contributories, 304
to settle calls, 305, 306

of order for payment of money, 307

of meetings of creditors or contributories, 309

how to be served generally, 314

of forfeiture, when a nullity, 419

of application for letters patent to be inserted in London Ga-

zette, 406

Forms of,

notice to creditor of allowance of debt, 330

to creditors to come in and prove their debts, 330

to creditor to attend to receive debt, 333

to contributories of appointment to settle list of contribu-
tories, 335

to be served with the general order for a call, 342

to be indorsed on or served with every order directing
payment of money into the bank of England, 344
or advertisement of meeting of creditors or contributories,

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