Companies Winding-Up Rules




Nov. 20.] THE NEW ZEALAND GAZETTE. 3647

(b) The notice of the meeting shall be sent to each member of the com-
mittee of inspection in sufficient time to reach him not less than
seven days before the day appointed for holding the meeting, and
shall contain a statement of the proposed amount of the call, and
the purpose for which it is intended. Notice of the intended call
and the intended meeting of the committee of inspection shall also
be advertised once at least in a newspaper circulating in the
locality in which the proceedings are pending. The advertisement
shall state the time and place of the intended meeting of the
committee of inspection, and that each contributory may either
attend the said meeting and be heard, or make any communication
in writing to the liquidator or members of the committee of
inspection to be laid before the meeting, in reference to the said
intended call.

(c) At the meeting of the committee of inspection any statements or
representations made either to the meeting personally or addressed
in writing to the liquidator or members of the committee by any
contributory shall be considered before the intended call is
sanctioned.

(d) The sanction of the committee shall be given by resolution, which
shall be passed by a majority of the members present.

(e) Where there is no committee of inspection, the liquidator shall not
make a call without obtaining the leave of the Court.

  1. In a winding-up by the Court an application to the Court for leave
    to make any call on the contributories of a company, or any of them, for
    any purpose authorized by the Act, shall be made by summons stating the
    proposed amount of such call, which summons shall be served four clear
    days at the least before the day appointed for making the call on every
    contributory proposed to be included in such call ; or if the Court so directs,
    notice of such intended call may be given by advertisement, without a
    separate notice to each contributory.

  2. When the liquidator is authorized by resolution or order to make a
    call on the contributories he shall file in the registry a document in the
    form No. 49, with such variations as circumstances may require, making the
    call.

  3. When a call has been made by the liquidator in a winding-up by the
    Court, a copy of the resolution of the committee of inspection or order of
    the Court (if any), as the case may be, shall forthwith after the call has been
    made be served upon each of the contributories included in such call, together
    with a notice from the liquidator specifying the amount or balance due from
    such contributory in respect of such call, but such resolution or order need
    not be advertised unless for any special reason the Court so directs.

  4. The payment of the amount due from each contributory on a call
    may be enforced by order of the Court, to be made in Chambers on summons
    by the liquidator.

PROOFS.

  1. In a winding-up by the Court every creditor shall, subject as herein-
    after provided, prove his debt, unless the Court in any particular winding-up
    shall give directions that any creditors or class of creditors shall be admitted
    without proof.

  2. A debt may be proved in any winding-up by delivering or sending
    through the post an affidavit verifying the debt. In a winding-up by the
    Court the affidavit shall be so sent to the Official Assignee or, if a liquidator
    has been appointed, to the liquidator; and in any other winding-up the
    affidavit may be so sent to the liquidator.

  3. An affidavit proving a debt may be made by the creditor himself
    or by some person authorized by or on behalf of the creditor. If made by a
    person so authorized, it shall state his authority and means of knowledge.

  4. An affidavit proving a debt shall contain or refer to a statement of
    account showing the particulars of the debt, and shall specify the vouchers,
    if any, by which the same can be substantiated. The Official Assignee or
    liquidator to whom the proof is sent may at any time call for the production
    of the vouchers.

  5. An affidavit proving a debt shall state whether the creditor is or is
    not a secured creditor.

  6. An affidavit proving a debt may in a winding-up by the Court be
    sworn before a Justice of the Peace or an Official Assignee, or before any
    Clerk of an Official Assignee duly authorized in writing by the Minister of
    Justice in that behalf, or before any Court, Judge, solicitor, or person
    lawfully authorized to take and receive affidavits in causes or matters
    pending in the Court.

  7. A creditor shall bear the cost of proving his debt unless the Court
    otherwise orders.

Form 42

Form 43

Form 44

Application to
the Court for
leave to make
a call.
Imp. r. 85
Forms 45 to 48

Document
making the
call.
Imp. r. 86
Form 49

Service of
notice of a call.
Imp. r. 87
Forms 44, 48,
50, and 51

Enforcement
of call.
Imp. r. 88
Forms 52, 53,
and 54

Proof of
debt.
Imp. r. 89

Mode of proof.
Imp. r. 90

Verification of
proof.
Imp. r. 91

Contents of
proof.
Imp. r. 92
Form 55

Statement of
security.
Imp. r. 93

Proof before
whom sworn.
Imp. r. 94

Costs of proof.
Imp. r. 95.



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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