3660
THE NEW ZEALAND GAZETTE.
[No. 84

STATEMENTS BY LIQUIDATOR TO THE REGISTRAR OF COMPANIES.

166. The winding-up of a company shall, for the purposes of section 276 of the Act, be deemed to be concluded—

(a) In the case of a company wound up by order of the Court, at the date on which the order dissolving the company has been reported by the liquidator to the Registrar of Companies, or at the date of the order of the Court releasing the liquidator pursuant to section 198 of the Act:

(b) In the case of a company wound up voluntarily, or under the supervision of the Court, at the date of the dissolution of the company, unless at such date any funds or assets of the company remain unclaimed or undistributed in the hands or under the control of the liquidator, or any person who has acted as liquidator, in which case the winding-up shall not be deemed to be concluded until such funds or assets have either been distributed or paid into the Public Account pursuant to the Unclaimed Moneys Act, 1908.

167. In a voluntary winding-up or a winding-up under the supervision of the Court the statements with respect to the proceedings in and position of a liquidation of a company, the winding-up of which is not concluded within a year after its commencement, shall be sent to the Registrar of Companies twice in every year as follows:—

(a) The first statement commencing at the date when a liquidator was first appointed and brought down to the end of twelve months from the commencement of the winding-up, shall be sent within thirty days from the expiration of such twelve months, or within such extended period as the Audit Office may sanction, and the subsequent statements shall be sent at intervals of half a year, each statement being brought down to the end of the half-year for which it is sent. In cases in which the assets of the company have been fully realized and distributed before the expiration of a half-yearly interval a final statement shall be sent forthwith.

(b) Subject to the next succeeding rule, form No. 80, and, where applicable, forms Nos. 82, 83, and 84, with such variations as circumstances may require, shall be used, and the directions specified in the form shall (unless the Audit Office otherwise direct) be observed in reference to every statement.

(c) Every statement shall be verified by an affidavit in the form No. 81, with such variations as circumstances may require.

168. Where in a voluntary winding-up or a winding-up under the supervision of the Court a liquidator has not during any period for which a statement has to be sent received or paid any money on account of the company, he shall, at the period when he is required to transmit his statement, send to the Registrar of Companies the prescribed statement in the form No. 80, containing the particulars therein required with respect to the proceedings in and position of the liquidation, and with such statement shall also send an affidavit of no receipts or payments in the form No. 81.

RELEASE OF LIQUIDATOR IN A WINDING-UP BY THE COURT.

169. (1) A liquidator in a winding-up by the Court, before making application to the Court for his release, shall give notice of his intention so to do to all the creditors who have proved their debts, and to all the contributories, and shall send with the notice a summary of all receipts and payments in the winding-up.

(2) When the Court has granted to a liquidator his release, a notice of the order granting the release shall be gazetted. The liquidator shall provide the requisite fee for the Gazette, which he may charge against the company’s assets.

170. (1) The Registrar of Companies may direct that the books and papers of a company which has been wound up shall not be destroyed for such period (not exceeding five years from the dissolution of the company) as he thinks proper.

(2) Any creditor or contributory may make representations to the Registrar of Companies with regard to the destruction of such books and papers and may appeal to the Court from any direction given by the Registrar under this rule.