3646

THE NEW ZEALAND GAZETTE.

[No. 84

(2) For the purpose of the discharge by the liquidator of the duties imposed by section 203 (1) of the Act, and paragraph (1) of this rule, the liquidator in a winding-up by the Court shall for the purpose of acquiring or retaining possession of the property of the company, be in the same position as if he were a receiver of the property appointed by the Court, and the Court may, on his application, enforce such acquisition or retention accordingly.

57. The powers conferred on the Court by section 204 of the Act shall be exercised by the liquidator. Any contributory for the time being on the list of contributories, trustee, receiver, banker, or agent or officer of a company which is being wound up under order of the Court shall, on notice from the liquidator and within such time as he shall by notice in writing require, pay, deliver, convey, surrender, or transfer to or into the hands of the liquidator any money, property, books, or papers which happen to be in his hands for the time being and to which the company is prima facie entitled.

LIST OF CONTRIBUTORIES IN A WINDING-UP BY THE COURT.

58. Unless the Court shall dispense with the settlement of a list of contributories the liquidator shall, with all convenient speed after his appointment settle a list of contributories of the company, and shall appoint a time and place for that purpose. The list of contributories shall contain a statement of the address of, and the number of shares or extent of interest to be attributed to each contributory, and the amount called up and the amount paid up in respect of such shares or interest and shall distinguish the several classes of contributories. As regards representative contributories the liquidator shall, so far as practicable, observe the requirements of section 203 (2) of the Act.

59. The liquidator shall give notice in writing of the time and place appointed for the settlement of the list of contributories to every person whom he proposes to include in the list, and shall state in the notice to each person in what character and for what number of shares or interest he proposes to include such person in the list and what amount has been called up and what amount paid up in respect of such shares or interest.

60. On the day appointed for settlement of the list of contributories the liquidator shall hear any person who objects to being settled as a contributory, and after such hearing shall finally settle the list, which when so settled shall be the list of contributories of the company.

61. The liquidator shall forthwith give notice to every person whom he has finally placed on the list of contributories stating in what character and for what number of shares or interest he has been placed on the list and what amount has been called up and what amount paid up in respect of such shares or interest, and in the notice he shall inform such person that any application for the removal of his name from the list, or for a variation of the list, must be made to the Court by summons within twenty-one days from the date of the service on the contributory or alleged contributory of notice of the fact that his name is settled on the list of contributories.

62. (1) Subject to the power of the Court to extend the time or to allow an application to be made notwithstanding the expiration of the time limited for that purpose, no application to the Court by any person who objects to the list of contributories as finally settled by the liquidator shall be entertained after the expiration of twenty-one days from the date of the service on such person of notice of the settlement of the list.

(2) The Official Assignee shall not in any case be personally liable to pay any costs of or in relation to an application to set aside or vary his act or decision settling the name of a person on the list of contributories of a company.

63. The liquidator may from time to time vary or add to the list of contributories, but any such variation or addition shall be made in the same manner in all respects as the settlement of the original list.

CALLS.

64. The powers and duties of the Court in relation to making calls upon contributories conferred by section 206 of the Act, shall and may be exercised, in a winding-up by the Court, by the liquidator as an officer of the Court subject to the proviso to section 219 of the Act, and to the following regulations :—

(a) Where the liquidator desires to make any call on the contributories, or any of them for any purpose authorized by the Act, if there is a committee of inspection he may summon a meeting of such committee for the purpose of obtaining its sanction to the intended call.

Power of liquidator to require delivery of property.
Imp. r. 77
Form 33

Liquidator to settle list of contributories.
Imp. r. 78
Form 34

Appointment of time and place for settlement of list.
Imp. r. 79
Forms 35 and 36

Settlement of list of contributories.
Imp. r. 80
Form 37

Notice to contributories.
Imp. r. 81
Forms 38 and 39

Application to the Court to vary the list.
Imp. r. 82
Form 40

Variation of or addition to list of contributories.
Imp. r. 83
Form 41

Calls by liquidator.
Imp. r. 84