✨ Companies Winding-Up Rules
Nov. 20.] THE NEW ZEALAND GAZETTE. 3641
STATEMENT OF AFFAIRS.
- (1) A person who under section 183 of the Act has been required by the Official Assignee to submit and verify a statement of affairs of a company shall be furnished by the Official Assignee with such forms and instructions as the Official Assignee in his discretion shall consider necessary. The statement shall be made out in duplicate, one copy of which shall be verified by affidavit. The Official Assignee shall cause to be filed in the registry the verified statement of affairs.
(2) The Official Assignee may from time to time hold personal interviews with any such person as is mentioned in paragraph $(a),(b),(c)$, or $(d)$ of subsection (2) of section 183 of the Act for the purpose of investigating the company's affairs, and it shall be the duty of every such person to attend on the Official Assignee at such time and place as the Official Assignee may appoint and give the Official Assignee all information that he may require.
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When any person requires any extension of time for submitting the statement of affairs, he shall apply to the Official Assignee, who may, if he thinks fit, give a written certificate extending the time, which certificate shall be filed with the proceedings in the winding-up and shall render an application to the Court unnecessary.
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After the statement of affairs of a company has been submitted to the Official Assignee it shall be the duty of each person who has made or concurred in making it, if and when required, to attend on the Official Assignee and answer all such questions as may be put to him, and give all such further information as may be required of him by the Official Assignee in relation to the statement of affairs.
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Any default in complying with the requirements of section 183 of the Act may be reported by the Official Assignee to the Court.
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A person who is required to make or concur in making any statement of affairs of a company shall, before incurring any costs or expenses in and about the preparation and making of the statement, apply to the Official Assignee for his sanction and submit a statement of the estimated costs and expenses which it is intended to incur; and, except by order of the Court, no person shall be allowed out of the assets of the company any costs or expenses which have not before being incurred been sanctioned by the Official Assignee.
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(1) Any application to dispense with the requirements of section 183 of the Act shall be supported by a report of the Official Assignee showing the special circumstances which in his opinion render such a course desirable.
(2) When the Court has made an order dispensing with the requirements of the said section, it may give such consequential directions as it may see fit and in particular it may give directions as to the sending of any notices which are by these rules required to be sent to any person mentioned in the statement of affairs.
APPOINTMENT OF LIQUIDATOR IN A WINDING-UP BY THE COURT.
- (1) As soon as possible after the first meetings of creditors and contributories have been held the Official Assignee, or the Chairman of the meeting, as the case may be, shall report the result of each meeting to the Court.
(2) Upon the result of the meetings of creditors and contributories being reported to the Court, if there is a difference between the determinations of the meetings of the creditors and contributories, the Court, shall, on the application of the Official Assignee, fix a time and place for considering the resolutions and determinations (if any) of the meetings, deciding differences, and making such order as shall be necessary. In any other case the Court may upon the application of the Official Assignee forthwith make any appointment necessary for giving effect to any such resolutions or determinations.
(3) When a time and place have been fixed for the consideration of the resolutions and determinations of the meetings, such time and place shall be advertised by the Official Assignee in such manner as the Court shall direct, but so that the first or only advertisement shall be published not less than seven days before the time so fixed.
(4) Upon the consideration of the resolutions and determinations of the meetings the Court shall hear the Official Assignee and any creditor or contributory.
(5) If a liquidator is appointed the order shall state what security (if any) he is to give, and the Official Assignee shall, as soon as the liquidator has given security, or if no security is required, then forthwith, cause notice of the appointment to be gazetted. The expense of gazetting the notice of the appointment shall be paid by the liquidator, but may be charged by him on the assets of the company.
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VUW Te Waharoa —
NZ Gazette 1934, No 84
NZLII —
NZ Gazette 1934, No 84
✨ LLM interpretation of page content
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Companies (Winding-Up) Rules and Supreme Court (Companies) Rules
(continued from previous page)
⚖️ Justice & Law Enforcement20 November 1934
Rules, Companies, Winding-Up, Supreme Court, Order in Council