Companies Winding-Up Rules




  1. (1) The Official Assignee shall also, as soon as practicable, send
    Summary of
    to each creditor mentioned in the company's statement of affairs, and to
    statement of
    each person appearing from the company's books or otherwise to be a
    affairs.
    contributory of the company a summary of the company's statement of
    Imp. r. 124
    affairs, including the causes of its failure, and any observations thereon
    which the Official Assignee may think fit to make. The proceedings at
    a meeting shall not be invalidated by reason of any summary or notice
    required by these rules not having been sent or received before the
    meeting.
    (2) Where prior to the winding-up order the company has commenced
    to be wound up voluntarily the Official Assignee may, if in his absolute
    discretion he sees fit so to do, send to the persons aforesaid or any of
    them an account of such voluntary winding-up, showing how such winding-up
    has been conducted and how the property of the company has been
    disposed of, and any observations which the Official Assignee may think
    fit to make on such account or on the voluntary winding-up.

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

  1. (1) In addition to the first meetings of creditors and contributories Liquidator's
    and in addition also to meetings of creditors and contributories directed meetings of
    to be held by the Court under section 278 of the Act (hereinafter referred creditors and
    to as Court meetings of creditors and contributories), the liquidator in contributories
    any winding-up by the Court may himself from time to time, subject to Imp. r. 125
    the provisions of the Act and the control of the Court, summon, hold,
    and conduct meetings of the creditors or contributories (hereinafter referred
    to as liquidator's meetings of creditors and contributories) for the purpose
    of ascertaining their wishes in all matters relating to the winding-up.
    (2) In any creditors' voluntary winding-up the liquidator may himself
    from time to time summon, hold, and conduct meetings of creditors for
    the purpose of ascertaining their wishes in all matters relating to the winding-
    up. Such meetings and all meetings of creditors which a liquidator or a
    company is by the Act required to convene in or immediately before such a
    voluntary winding-up and all meetings convened by a creditor in a voluntary
    winding-up under these rules are hereinafter called voluntary liquidation
    meetings.

  2. Except where and so far as the nature of the subject-matter or Application of
    the context may otherwise require, the rules as to meetings hereinafter rules as to
    set out shall apply to first meetings, Court meetings, liquidator's meetings meetings.
    of creditors and contributories, and voluntary liquidation meetings, but Imp. r. 126
    so nevertheless that the said rules shall take effect as to first meetings
    subject and without prejudice to any express provisions of the Act and as
    to Court meetings subject and without prejudice to any express directions
    of the Court.

  3. (1) The Official Assignee or liquidator shall summon all meetings Summoning of
    of creditors and contributories by giving not less than seven days' notice meetings.
    of the time and place thereof in the Gazette and in a local newspaper; and Imp. r. 127
    shall not less than seven days before the day appointed for the meeting Form 65
    send by post to every person appearing by the company's books to be a
    creditor of the company notice of the meeting of creditors, and to every
    person appearing by the company's books or otherwise to be a contributory
    of the company notice of the meeting of contributories.
    (2) The notice to each creditor shall be sent to the address given in
    his proof, or if he has not proved to the address given in the statement
    of affairs of the company, if any, or to such other address as may be known
    to the person summoning the meeting. The notice to each contributory
    shall be sent to the address mentioned in the company's books as the address
    of such contributory, or to such other address as may be known to the person
    summoning the meeting.
    (3) In the case of meetings under section 238 of the Act the continuing
    liquidator or, if there is no continuing liquidator, any creditor may summon
    the meeting.
    (4) This rule shall not apply to meetings under section 234 or section
    241 of the Act.

  4. A certificate by the Official Assignee or other officer of the Court,
    Proof of notice.
    or by the clerk of any such person, or an affidavit by the liquidator, or Imp. r. 128
    creditor, or his solicitor, or the clerk of either of such persons, or, as the Forms 66 and 67
    case may be, by some officer of the company or its solicitor, or the clerk of
    such company or solicitor, that the notice of any meeting has been duly
    posted, shall be sufficient evidence of such notice having been duly sent to
    the person to whom the same was addressed.

C



Next Page →

PDF embedding disabled (Crown copyright)

View this page online at:


VUW Te Waharoa PDF NZ Gazette 1934, No 84


NZLII PDF NZ Gazette 1934, No 84





✨ LLM interpretation of page content

⚖️ 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