Winding-up forms and practice

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Contents

General title County Court
32
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
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
Memorandum of advertisement or gazetting
45
Chap HI WINDINGUP PETITIONS pp 4788
47
Form page 17 Memorandum to be obtained on presenting petition
72
Petition general form
73
Petition by unpaid creditor on simple contract
74
Potition of judgment creditor
75
Petition by assignee of judgment creditor
76
Petition of policy holder in life assurance company
77
Petition by debenture holder
78
Petition where prior petitioner settled
79
Petition by company unable to pay its debts
80
Statement of service of statutory demand
81
Petition where substratum gone
82
Petition to wind up unregistered company
83
Creditors petition for supervision order
84
Petition to Lancaster Palatine Court
86
Petition to Durham Palatino Court
87
Petition to County Court other cases
88
Chap IT ADVERTISEMENT AND SERVICE OF PETITION pp 8997
89
Second advertisement where supervision order requested
91
Affidavit of service of petition on members c
92
Ditto on liquidator supervision
93
Ex parte summons for special order for service
94
Special order office closed c
95
Affidavit of service pursuant to special order
96
EVIDENCE ON PETITION pp 98102
98
49a Affidavit where petitioner company
99
Order extending time to file affidavit
101
Ordor for witnesses to attend in Court
102
AMENDMENT SECURITY FOR COSTS pp 103106
103
Chap Vin HEARING OF PETITION CALLING MEETINGS
109
Standing over pending crossexamination
122
Order for costs debt paid before hearing
128
Liberty to continue manager 387
129
72b Restriction in case of foreign company
135
Notice by official receiver of windingup order
141
Summons or notice of motion for provisional liquidator
148
Another providing for petty disbursement account
154
Certificate of postage of notices general
161
Chap XLLEVIDENCE pp 163185
163
Order for inspection under sect 156 of 1862
165
Order on bank to permit inspection
166
Division list of creditors or contributories dissenting
167
Summons for affidavit of documents and inspection 107
168
Order appointing special manager
169
Praecipe for subpoena
171
Indorsement on writ when issued by solicitor
173
Notice of motion that witness attend examiner
174
Summons against official receiver for time for evidence
177
Summons for order for crossexamination
178
Order for crossexamination with restrictions as to affidavits
179
Liberty to crossexamine in Court
180
Appointment of district registrar as special examiner
181
Order for examination of persons in Scotland
182
129a Order allowing liquidator to use evidence
183
Notice to admit
185
SERVICE OF PEOCESS pp 186192
186
General order for service out of jurisdiction
188
Liberty to serve out of jurisdiction
189
Another
190
Order for substituted service on contributory
191
STATEMENT OF AFFAIRS AND PRELIMINARY
209
Affidavit of concurrence
223
Chap XVTLFIRST MEETINGS OF CREDITORS
230
Notice to contributories of first meeting
236
Special proxy
242
Report of result of meeting
247
Official receiver and another appointed liquidators
253
Notice to pay money or deliver books to liquidator
258
APPOINTMENT OF SOLICITOR pp 260263
260
Order to pay or deliver under sect 100 general
261
Order for delivery of books
262
Order against companys solicitors
263
pp 264281
264
Order on manager to deliver companys property
265
Order on former secretary to deliver
266
Order that late manager sign warrants
267
Collector of calls abroad to file statement and accounts
268
Form faob 102b Vesting order unregistered company
281
COMMITTEE OF INSPECTION POWERS PRO CEEDINGS AND REMUNERATION pp 282291
282
Minutes of mooting of committee of inspection
285
193A Notice of meeting of committee
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
293
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
Liquidators trading account sect 15
317
List of dividonds or composition
318
Eoquest for particulars of undistributed assets
319
Affidavit verifying account of unclaimed funds
320
Title of proceedings when liquidation voluntary
322
Affidavit of registrar as to voluntary liquidation
323
Order of Court to submit verified account
324
234c Order for attachment for not accounting
325
234e Notice of motion for order to deliver statement of account
326
Application for payingin or receivable order
327
Receivable order under r 174
328
Liquidators application for payable order
329
Ditto by creditor with liquidators certificate
331
Ditto by contributory
332
BANKING ACCOUNT AND INVESTMENT pp 333340
333
Board of Trade directions to liquidator as to C L Account
335
Receivable order and certificate of payment
336
Request for cheque to repay advances
337
Notice that cheques are required
338
Provisional liquidator to carry on business and make advances
356
Another
357
273b Liberty to liquidator to borrow and create first charge
358
Liberty to borrow for misfeasance proceedings
359
SALE OF PROPERTY pp 361378
361
Summons for leave to sell
362
Liberty to sell ship
363
Liberty to sell goodwill and assets of business 864
364
Sale of works liquidator to pay proceeds into Court
365
Order for sale with consent of mortgagees
366
Liberty to concur in sale by debenture holders
367
Order for inquiry and sale where incumbrances
368
Approval of conditional contract for sale
369
Order to pay balance into Court after auction
370
PaymasterGenerals certificate
371
Approval of conveyances
372
Leave to liquidator to tender for purchase
373
Order discharging incumbrances and dirocting conveyance
375
306a Declaration that land free from incumbrances c
377
Appointment of attorney to sell assets
378
BILLS AND NOTES p 379 No forms in this chapter Chap XXXI MISCELLANEOUS AUTHORITIES TO LIQUIDATOR pp 380 392
380
Liberty to appoint manager abroad
381
Liberty to send agent to Spain with power to sue
382
Liberty to employ agent in Peru
383
316a Liberty to give power of attorney to person abroad
384
Another form varying attorneys security
385
Liberty to go abroad
386
Liberty to send steamer to give notice of windingup
387
Liberty to employ secretary to prepare accounts
388
P
389
Liberty to pay expenses of forming company to buy assets
390
Order confirming contract to grant leaso
391
Chap XXXILACTIONS AND PROCEEDINGS BY LIQUIDATOR pp 393401
393
Resolution of committee sanctioning proceedings
394
98b General form 161
395
Liberty to provisional liquidator to sue debtors 896
396
Liberty to defend action
397
Liberty to proceed in bankruptcy
398
Liberty to refer to arbitration
399
351a Liberty to promote bill in Parliament
400
Chap XXXUI STAYING ACTIONS AND PEOCEEDINGS AGAINST THE COMPANY pp 402412
402
Form page 354 Affidavit of petitioning creditor on application to stay
405
Another by provisional liquidator
406
Another
407
Order restraining several actions against company
408
Order to withdraw execution creditors priority preserved
409
366a Another
410
Execution creditor given first charge
411
Order restraining proceedings against ship
412
LIBERTY TO SUE AND PROCEED AGAINST COMPANY pp 413419
413
Summons for liberty to commence proceedings
414
Affidavit in support
415
Liberty to proceed with Queens Bench Division action
416
Liberty to proceed with action by debenture holders
417
Liberty to proceed under execution
418
383a Liberty to county council to take Scotch proceedings to stop pollution of stream
419
LANDLORDSDISTRESSREENTRYRATES pp 420426
420
Interim injunction against selling under distress
422
386b Order on landlord to pay over proceeds of distress
423
Liberty to distrain
424
Liberty to landlord to retake possession
425
392i3 Landlord accepting surrender to be at liberty to prove for damages
426
GENERAL MEETINGS OF CREDITORS AND C0NTRD3UT0RIES pp 427438
427
392d Order for meeting before windingup petition heard
430
Order for provisional liquidator to call meetings
431
394a Memorandum as to meeting
432
Notice convening meeting directed by the Court
433
Notice of meeting general form
434
Authority to act as chairman and use proxies
435
Certificate of postage of notices general form
436
402a Another approved by Court
437
Report of rosult of meeting
438
Chap XXXVILCREDITORS pp 439497
439
Proof of debt general form See Form 157
471
Judgment debt
472
Notice to creditor to prove
473
Notice of rejection of proof of debt
474
Notice requiring further evidence in support of proof
475
List of proofs tendered to be filed under r 113
476
Summons for allowance of setoff
477
Order for issue to be tried before judge
478
Order reversing rejection of proof
479
428a Order varying rejection
480
430a Order fixing time for proving
481
Another
482
Notice of intended dividend for Gazette
483
Notice of dividend for Gazette
484
439a Authority to pay dividends to assignee of creditor
486
Order to pay creditors dividends to other persons
487
440a Order to pay dividend to chargee
488
Order to pay dividend and retain contributories dividend
489
Liberty to pay rates
490
Inquiry as to what securities given
491
Order to release equity of redemption to mortgagees
492
451b Order enforcing charging order obtained in Queens Bench Division
493
Claim for relief from income tax
496
Form paoh 452a Certified list of proofs under Rule 119 5 and application for issue of cheques for dividend on companies liquidation account
497
List of contributories 514
498
Notice of appointment to settle list
515
Affidavit of postage of notices of appointment
517
Notice of final settlement of list and that name included
519
Affidavit of service of notice to contributory 619
520
Supplemental list of contributories
521
Order on application to vary list
522
Order varying official receivers certificate
523
Another modern form 623
524
Order to settle executors on list
525
Notice of committee meeting to sanction proposed call
528
Advertisement of meeting of committee
529
Summons for intended call
530
Advertisement of intended call
531
482a Precept for call
532
485 486 487 Orders sanctioning call 533
533
Call to full amount
534
Order on personal representatives to pay call
535
Affidavit on application for order to pay call 836
537
Summons to pay calls made before windingupvaried
546
Eeport on summons for leave to adjust
552
527a Order to make call to adjust
558
Liberty to give security for costs 400
632
98o Another before windingup order 161
1072
Affidavit verifying liquidators statement 317
1076
Notice served with order sanctioning call 535
1125
Return of trading 346
1126
Summons to enforce payment of calls 535
1214

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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