2102
No. 58 of 1911.
Notice by liquidator of his appointment. 8 Edw. 7, c. 69, s. 187.
Rights of creditors in a voluntary winding-up. 8 Edw. 7, c. 69, s. 188.
COMPANIES
(viii) if from any cause whatever there is no liquidator acting, the court may, on the application of a contributory, appoint a liquidator;
(ix) the court may, on cause shown, remove a liquidator, and appoint another liquidator.
180.-(1) The liquidator in a voluntary winding-up shall, within five weeks after his appointment, file with the Registrar of Companies a notice of his appointment in the form prescribed by the Governor.
(2) If the liquidator fails to comply with the requirements of this section, he shall be liable to a fine not exceeding fifty dollars for every day during which the default continues.
181. (1) Every liquidator appointed by a company in a voluntary winding-up shall, within three weeks from his appointment, send notice by registered post to the Official Receiver and to all persons who appear to him to be creditors of the company that a meeting of the creditors of the company will be held on a date, not being less than four nor more than five weeks after his appointment, and at a place and hour, to be specified in the notice, and shall also advertise notice of the meeting once in the Gazette and once at least in two local newspapers circulating in the district where the principal place of business of the company was situate.
(2) At the meeting to be held in pursuance of the foregoing provisions of this section, at which the Official Receiver shall have the right to be present and to speak, the creditors shall determine whether an application shall be made to the court for the appointment of any person as liquidator in the place of or jointly with the liquidator appointed by the company, or for the appointment of a committee of inspection, and, if the creditors so resolve, an application may be made accordingly to the court at any time, not later than fourteen days after the date of the meeting, by any creditor appointed for the purpose at the meeting.
(3) On any such application, the court may make an order either for the removal of the liquidator appointed by the company and for the appointment of some other person as liquidator, or for the appointment of some other person to act as liquidator jointly with the liquidator appointed by the company, or for the appointment of a committee of inspection