RULES
- Short title, commencement and application
- Definitions
- Petition for winding up
- Statement of affairs
- Admission of petition and directions as to advertisement
- Copy of petition to be furnished
- Advertisement of petition
- Application for leave to withdraw petition
- Substitution for original petitioner
- Procedure on substitution
- Affidavit-in-objection
- Affidavit in reply
- Applicability
- Appointment of provisional liquidator or Company Liquidator
- Rules applicable to provisional liquidator
- Costs, etc., of provisional liquidator
- Order to be sent to liquidator and form of order
- Contents of winding up order
- Directions on making winding up order
- Advertisement of order
- Declaration by Company Liquidator
- Company Liquidator to take charge of assets and books and papers of company
- Form of proceedings after winding up order is made
- Application for leave to commence or continue suit or proceeding
- Report by Company Liquidator
- Inspection of statement of affairs and report
- Consideration of report by Tribunal
- Provisional list of contributories
- Notice to be given of date of settlement
- Settlement of list
- Notice of settlement to contributories
- Supplemental list of contributories
- Variation of list
- Application for rectification of list
- List of contributories consisting of past members
- Meeting of creditors and contributories
- Company Liquidator to report result of meeting
- Filling -up of vacancy in advisory committee
- Company Liquidator and members of advisory committee dealing with company’s assets
- Advisory committee not to make profit
- Cost of obtaining order of Tribunal
- Order sanctioning payment to advisory committee
- Meetings of advisory committee
- Application of rules to meetings
- Notice of meeting
- Place and time of meeting
- Notice of first or other meeting to officers of company
- Proof of notice
- Costs of meeting
- Chairman of meeting
- Resolution at creditors’ meeting
- Resolution of contributories’ meeting
- Copies of resolution to be filed
- Non-receipt of notice by creditor or contributory
- Adjournments
- Quorum
- Procedure in absence of quorum
- When creditor can vote
- Case in which creditors may not vote
- When secured creditor can vote
- Effect of voting by a secured creditor
- Procedure when secured creditor votes without surrendering security
- Admission or rejection of proof for purposes of voting
- Minutes of proceedings
- Report to Tribunal
- Voting by proxies
- Form of proxies
- Proxies to Company Liquidator or chairman of meeting
- Use of proxies by deputy
- Forms to be sent with notice
- Proxies to be lodged
- Holder of proxy not to vote on matter in which he is financially interested
- Minor not to be appointed proxy
- Filling in proxy where creditor or contributory is blind or incapable
- Proxy of person not acquainted with English
- Submission of periodical reports to the tribunal
- Employment of additional or special staff by Official Liquidator
- Declaration by professional
- Record book to be maintained by Company Liquidator
- Registers and books to be maintained by Company Liquidator
- All money to be paid into special bank account in a scheduled bank
- Bills, cheques, etc. to be deposited with bank
- Payments into Bank
- Company Liquidator’s Dividend Account
- Where the company has no available assets
- Investment of surplus funds
- Company Liquidator to examine accounts for purposes of investment
- Investments to be made by Bank
- Dividend and interest to be credited
- Refunds of taxes
- Half-yearly accounts to be filed
- Form of account
- Nil account
- Registry to send copy of account to auditor
- Audit of Company Liquidator’s accounts
- Audit certificate to be filed
- Audit fees
- Inspection of account and certificate of audit
- Account and auditor’s report to be placed before Tribunal
- Notice for proving debts
- Proof of debt
- Mode of proof and verification thereof
- Contents of proof
- Workmen’s dues
- Production of bills of exchange and promissory notes
- Value of debts
- Discount
- Interest
- Periodical payments
- Proof of debt payable at future time
- Examination of proof
- Company Liquidator’s right to call any person in connection with investigation
- Affidavit
- Costs of proof
- Acceptance or rejection of proof to be communicated
- Appeal by creditor
- Procedure where creditor appeals
- Company Liquidator not to be personally liable for costs
- Proofs and list of creditors to be filed in Tribunal
- List of creditors not to be varied
- Notice of filing list and inspection of same
- Expunging of proof
- Procedure on failure to prove debt within time fixed
- Right of creditor who has not proved debt before declaration of dividend
- Payment of subsequent interest
- Attendance at proceedings
- Representation of creditors and contributories before Tribunal
- Powers of Company Liquidator
- Company Liquidator to be in position of receiver
- Company’s property to be surrendered to Company Liquidator on requisition
- Calls by Company Liquidator
- Company Liquidator to realise uncalled capital
- Application for leave to make call
- Notice of application
- Order granting leave to make call and document making call
- Service of notice of call
- Order for payment of call
- Other moneys due by contributories
- Application for examination under section 299
- Directions at hearing of application
- Service of summons
- Conduct of examination
- Notes of deposition
- Order for examination under section 300
- Notice of examination
- Adjournment of examination for orders of Tribunal
- Procedure for contumacy
- Notes of examination
- Application under sub-section (5) of section 300
- Warrant of arrest of contributory
- Prison to which contributory arrested on warrant is to be taken
- Execution of warrant of arrest outside jurisdiction of Tribunal
- Application under section 339 or section 340
- Directions at preliminary hearing of summons
- Liberty to apply for further directions
- Application for disclaimer
- Preliminary hearing of application
- Claimant to furnish statement of his interest
- Service of notice
- Order granting leave to disclaim
- Disclaimer to be filed in Tribunal
- Vesting of disclaimed property
- No claim to be compromised or abandoned without sanction of Tribunal
- Application for sanction of compromise
- Sale to be subject to sanction and to confirmation by Tribunal
- Procedure at sale
- Expenses of sale
- Declaration of dividend or return of capital
- Notice of declaration
- Form of authority to pay dividend
- Transmission of dividends, etc. by post
- Form of order directing return of capital
- Payment of dividend or return of capital due to deceased creditor or contributory
- Company Liquidator to apply for dissolution
- Dissolution of company
- Liquidator to pay the balance into Company Liquidation Dividend and Undistributed Assets Account
- Conclusion of winding up
- Application to declare dissolution void
- Statement to accompany payment
- Unclaimed dividends or undistributed assets under investment
- Application by person for payment of money paid into the Company Liquidation Dividend and Undistributed Assets Account
- Cost and expenses payable out of the assets in a winding up by Tribunal
- Costs in the discretion of Tribunal
- Bill of costs by authorised representative, etc. employed by Company Liquidator
- Fees in misfeasance proceeding
- Fees when proceeding is compromised
- Costs of parties having common interest
- Tribunal’s power to fix a fee
- Allowance to witnesses
- Powers and functions of Official Liquidator
- Inspection of file