3650

THE NEW ZEALAND GAZETTE.

[No. 84

Such notice shall specify the latest date up to which proofs must be lodged, which shall not be less than fourteen days from the date of such notice.

(2) Where any creditor, after the date mentioned in the notice of intention to declare a dividend as the latest date up to which proofs may be lodged, appeals against the decision of the liquidator rejecting a proof, notice of appeal shall, subject to the power of the Court to extend the time in special cases, be given within seven days from the date of the notice of the decision against which the appeal is made, and the liquidator shall in such case make provision for the dividend upon such proof, and the probable cost of such appeal in the event of the proof being admitted. Where no notice of appeal has been given within the time specified in this rule, the liquidator shall exclude all proofs which have been rejected from participation in the dividend.

(3) Immediately after the expiration of the time fixed by this rule for appealing against the decision of the liquidator he shall proceed to declare a dividend, and shall give notice thereof in the Gazette, and shall pay the dividend to each creditor whose proof has been admitted.

(4) If it becomes necessary, in the opinion of the liquidator and the committee of inspection, to postpone the declaration of the dividend beyond the limit of two months, the liquidator shall give a fresh notice of his intention to declare a dividend in the Gazette; but it shall not be necessary for the liquidator to give a fresh notice to such of the creditors mentioned in the statement of affairs as have not proved their debts. In all other respects the same procedure shall follow the fresh notice as would have followed the original notice.

(5) Dividends may be transmitted by post.

Return of capital to contributories.
Imp. r. 118
Forms 61 and 88 (6)

97. Every order by which the liquidator in a winding-up by the Court is authorized to make a return to contributories of the company shall, unless the Court shall otherwise direct, contain or have appended thereto a schedule or list (which the liquidator shall prepare) setting out in a tabular form the full names and addresses of the persons to whom the return is to be paid, and the amount of money payable to each person, and particulars of the transfers of shares (if any) which have been made or the variations in the list of contributories which have arisen since the date of the settlement of the list of contributories and such other information as may be requisite to enable the return to be made. The schedule or list shall be in the form No. 61 with such variations as circumstances shall require.

GENERAL MEETINGS OF CREDITORS AND CONTRIBUTORIES IN RELATION TO A WINDING-UP BY THE COURT.

First meetings of creditors and contributories.
Imp. r. 119

Notice of first meetings to be gazetted.
Imp. r. 120
Form 88 (2)

Summoning of first meetings.
Imp. r. 121

Form of notices of first meetings.
Imp. r. 122
Forms 62 and 63

Notice of first meeting to officers of company.
Imp. r. 123
Form 64

98. Unless the Court otherwise directs, the meetings of creditors and contributories under section 187 of the Act (hereinafter referred to as the first meetings of creditors and contributories) shall be held within one month or if a special manager has been appointed then within six weeks after the date of the winding-up order. The dates of such meetings shall be fixed and they shall be summoned by the Official Assignee.

99. The Official Assignee shall forthwith give notice in the Gazette of the dates fixed by him for the first meetings of creditors and contributories.

100. The first meetings of creditors and contributories shall be summoned as hereinafter provided.

101. The notices of first meetings of creditors and contributories may be in forms Nos. 62 and 63, and the notices to creditors shall state a time within which the creditors must lodge their proofs in order to entitle them to vote at the first meeting.

102. The Official Assignee shall also give to each of the directors and other officers of the company who in his opinion ought to attend the first meetings of creditors and contributories seven days' notice of the time and place appointed for each meeting. The notice may either be delivered personally or sent by prepaid post letter, as may be convenient. It shall be the duty of every director or officer who receives notice of such meeting to attend if so required by the Official Assignee, and if any such director or officer fails to attend the Official Assignee shall report such failure to the Court.