Companies Winding-Up Rules




Form 22

(6) Every appointment of a liquidator or committee of inspection shall
be advertised by the liquidator in such manner as the Court directs im-
mediately after the appointment has been made, and the liquidator has
given the required security (if any).

(7) If a liquidator in a winding-up by the Court shall die or resign, or
be removed, another liquidator may be appointed in his place in the same
manner as in the case of a first appointment, and the Official Assignee shall,
on the request of not less than one-tenth in value of the creditors or con-
tributories, summon meetings for the purpose of determining whether or
not the vacancy shall be filled ; but none of the provisions of this rule shall
apply where the liquidator is released under section 198 of the Act, in which
case the Official Assignee shall remain liquidator.

SECURITY BY LIQUIDATOR OR SPECIAL MANAGER IN A WINDING-UP BY
THE COURT.

  1. In the case of a special manager or a liquidator other than the
    Official Assignee, the following provisions as to security shall have effect,
    namely :-

(a) The security shall be given to the Registrar or to such other officers
or persons, and in such manner as the Court may from time
to time direct.

(b) It shall not be necessary that security shall be given in each separate
winding-up ; but security may be given either specially in a
particular winding-up, or generally, to be available for any winding-
up in which the person giving security may be appointed, either
as liquidator or special manager.

(c) The Court shall fix the amount and nature of such security, and
may from time to time, as it thinks fit, either increase or diminish
the amount of special or general security which any person has
given.

(d) The cost of furnishing the required security by a liquidator or special
manager, including any premiums which he may pay to a
guarantee society, shall be borne by him personally, and shall
not be charged against the assets of the company as an expense
incurred in the winding-up.

Failure to give
or keep up
security.
Imp. r. 58

  1. (1) If a liquidator or special manager fails to give the required
    security (if any) within the time stated for that purpose in the order appoint-
    ing him, or any extension thereof, the Official Assignee shall report such
    failure to the Court, who may thereupon rescind the order appointing the
    liquidator or special manager.

(2) If a liquidator or special manager fails to keep up his security the
Official Assignee shall report such failure to the Court, who may thereupon
remove the liquidator or special manager, and make such order as to costs
as the Court shall think fit.

(3) Where an order is made under this rule rescinding an order for the
appointment of or removing a liquidator, the Court may direct that meetings
shall be held for the purpose of determining whether an application shall
be made to the Court for another liquidator to be appointed and thereupon
the same meetings shall be summoned and the same proceedings may be
taken as in the case of a first appointment of a liquidator.

PUBLIC EXAMINATION.

Consideration of
report.
Imp. r. 59

  1. The consideration of a report made by the Official Assignee pursuant
    to subsection (2) of section 184 of the Act shall be before a Judge in Chambers,
    and the Official Assignee shall personally, or by counsel or solicitor, attend
    the consideration of the report, and give the Court any further information
    or explanation with reference to the matters stated in the report which
    the Court may require.

Procedure
consequent on
order for public
examination.
Imp. r. 60
Form 23

  1. Where the Court makes an order under section 215 of the Act,
    directing any person or persons to attend for public examination,-

(a) The examination shall be held before a Judge : Provided that the
Court may direct that the whole or any part of the examination
of any such person or persons, including any application as to
costs, be held and heard and determined before any Registrar
of the Court, or before a Stipendiary Magistrate.

(b) The Court may, if it thinks fit, either in the order for examination,
or by any subsequent order, give directions as to the special
matters on which any such person is to be examined.

(c) Where on an examination held before a Registrar or a Stipendiary
Magistrate he is of opinion that such examination is being unduly
or unnecessarily protracted, or for any other sufficient cause, he
may adjourn the examination of any person, or any part of the
examination, to be held before a Judge.



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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