Companies Winding-Up Rules




ORDER TO WIND UP A COMPANY.

  1. When an order for the winding-up of a company, or for the appointment of a provisional liquidator prior to the making of an order for the winding-up of the company, has been made, the Registrar shall, on the same day, send to the Official Assignee and to the Audit Office notices informing them that the order has been pronounced. The notices shall be in form No. 13 or in form No. 14, as the case may require, with such variations as circumstances may require.

  2. It shall be the duty of the petitioner or his solicitor, at latest on the day following the day on which an order for the winding-up of a company is pronounced in Court, to leave the order and three copies thereof at the registry for sealing.

  3. An order to wind up a company or for the appointment of a provisional liquidator shall contain at the foot thereof a notice stating that it will be the duty of such of the persons who are liable to make out or concur in making out the company's statement of affairs as the Official Assignee may require, to attend on the Official Assignee at such time and place as he may appoint and to give him all information he may require.

  4. (1) When an order that a company be wound up or for the appointment of a provisional liquidator has been made—
    (a) Three copies of the order sealed with the seal of the Court shall forthwith be sent by post or otherwise by the Registrar to the Official Assignee :
    (b) The Official Assignee shall cause a sealed copy of the order to be served upon the company by prepaid letter addressed to it at its registered office (if any) or if there is no registered office at its principal or last known principal place of business or upon such other person or persons, or in such other manner as the Court may direct, and if the order is that the company be wound up by the Court, shall forward to the Registrar of Companies the copy of the order which by section 177 of the Act is directed to be so forwarded by the company or otherwise as may be prescribed :
    (c) The Official Assignee shall forthwith cause notice of the order to be gazetted :
    (d) The Official Assignee shall forthwith send notice of the order to such local newspaper as he may select.
    (2) An order for the winding-up of a company subject to the supervision of the Court shall, before the expiration of twelve days from the date thereof, be advertised by the petitioner once in the Gazette, and shall be served on such persons (if any) and in such manner as the Court shall direct.

  5. For the purposes of section 263 of the Act a notice that (a) a winding-up petition has been presented, or (b) a winding-up order has been made, or (c) a provisional liquidator has been appointed, or (d) a meeting has been called at which there is to be proposed a resolution for the voluntary winding-up of the company, or (e) a resolution has been passed for the voluntary winding-up of the company, shall be in writing and shall be addressed, where the execution is in respect of a judgment of the Supreme Court, to the Sheriff, and, in any other case, to the officer charged with the execution, and may be served by being delivered by hand or by registered post, in the case of a notice to a Sheriff, at the Supreme Court office, and, in any other case, at the office of the officer charged with the execution.

SPECIAL MANAGER.

  1. (1) An application by the Official Assignee for the appointment of a special manager shall be supported by a report of the Official Assignee, which shall be placed on the file of proceedings, and such report shall either state the amount of remuneration which, in the opinion of the Official Assignee, ought to be allowed to the special manager, or state that it is, in the opinion of the Official Assignee, desirable that the fixing of such remuneration should be deferred. No affidavit by the Official Assignee in support of the application shall be required.
    (2) The remuneration of the special manager shall, unless the Court otherwise in any case directs, be stated in the order appointing him, but the Court may at any subsequent time for good cause shown make an order for payment to the special manager of further remuneration.

  2. Every special manager shall account to the Official Assignee, and the special manager's accounts shall be verified by affidavit, and, when approved by the Official Assignee, the totals of the receipts and payments shall be added by the Official Assignee to his accounts.



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⚖️ Companies (Winding-Up) Rules and Supreme Court (Companies) Rules (continued from previous page)

⚖️ Justice & Law Enforcement
20 November 1934
Rules, Companies, Winding-Up, Supreme Court, Order in Council