• 16.

is ausferar

company

Tower to apply to court.

8 Edw. 7 c. 69 s. 193.

Power of

liquidator to call general meeting. 1, s. 194.

Final meet- ing and

dissolution.

8 Edw. 7 c. 69 s. 195,

and the official receiver's

report (if

any)

(6) For the purposes of an arbitration under this section the provisious of the Companies Clauses Consolidation Act, 1845, of the Imperial Parliament, with respect to the settlement of disputes by arbitration, shall be incorporated with this Ordinance, In the construction of such provi- sions this Ordinance shall be deemed to be the special Act, and "the company" shall mean the [company which is being wound up], and the words "the Board of Trade" shall be read as meaning the Governor, and any appoint. ment by the said incorporated provisions directed to be made under the hand of the secretary, or any two of the directors, may be made under the hand of the liquidator, if only one, or any two or more of the liquidators if more than one.

186.-(1) Where a company is being wound up volun- tarily the liquidator or any contributory or creditor [ ] may or the o fic ial receiver apply to the court to determine any question arising in the winding up, or to exercise, as respects the euforeing of calls, or any other matter, all or any of the powers which the court might exercise if the company were being wound up by the court,

(2) The court, if satisfied that the determination of the question or the required exercise of power will be just and beneficial, may accede wholly or partially to the application on such terms and conditions as the court thinks fit, or may make such other order on the application as the court thinks just.

187-(1) Where a company is being wound up volun- tarily, the liquidator may summon general meetings of the company for the purpose of obtaining the sauction of the company by special or extraordinary resolution, or for any other purposes he may think fit.

(2) In the event of the winding up continuing for more than one year, the liquidator shall summon a general meet- ing of the company at the end of the first year from the commencement of the winding up, and of cach succeeding year, or as soon thereafter as may be convenient, and shall lay before the meeting an account of his acts and dealings and of the conduct of the winding up during the preceding

year.

188.-(1) In the case of every voluntary winding up, as soon as the affairs of the company are fully wound up, the liquidator shall make up an account of the winding up, showing how the winding up has been conducted and the property of the company has been disposed of; and there- upon shall call a general meeting of the company for the shull forward s purpose of laying before it the account [], and giving any of the account to th explanation thereof.

official receiver vi

(2) The meeting shall be called by advertisement in the shall have full power Gazette and in two local newspapers circulating in the to investigate and re district where the principal place of business of the port thereon and thore company was situate, specifying the time, place, and after the liquidator object thereof, and published one month at least before the meeting.

(3) Within three weeks after the meeting, the liquidator shall make a return to the registrar of companies of the holding of the meeting, and of its date, and in default of so doing shall be liable to a fine not exceeding fifty dollars for every day during which the default continues.

(4) The registrar on receiving the return shall forthwith register it, and on the expiration of three months from the registration of the return the company shall be deemed to be dissolved:

Provided that the court may, on the application of the liquidator or of any other person who appears to the or of the official court to be interested, make an order deferring the date at receiver which the dissolution of the company is to take effect for

such time as the court thinks fit.

(5) It shall be the duty of the person on whose applica- tion an order of the court under this section is made, within seven days after the making of the order, to file with the registrar an office copy of the order, and if that person fails so to do he shall be liable to a fine not exceeding fifty dollars for every day during which the default continues.

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