CAP. 32]

[s. 178 cont.]

Appointment, style &c. of liquidators.

19 & 20 Geo. 5, c. 23, s. 185.

Provisions

where person other than Official Receiver is appointed liquidator. 19 & 20 Geo. 5, c. 23, s. 186.

Companies.

(3) Where a liquidator is provisionally appointed by the court, the court may limit and restrict his powers by the order appointing him.

[179

179. The following provisions with respect to liquidators shall have effect on a winding-up order being made— (a) the Official Receiver shall by virtue of his office become the provisional liquidator and shall continue to act as such until he or another person becomes liquidator and is capable of acting as such;

(b) the Official Receiver shall summon separate meetings of the creditors and contributories of the company for the purpose of determining whether or not an application is to be made to the court for appointing a liquidator in the place of the Official Receiver;

(c) the court may make any appointment and order required to give effect to any such determination, and, if there is a difference between the determinations of the meetings of the creditors and contributories in respect of the matter aforesaid, the court shall decide the difference and make such order thereon as the court may think fit;

(d) in any case where a liquidator is not appointed by the court, the Official Receiver shall be the liquidator of the company;

(e) the Official Receiver shall by virtue of his office be the liquidator during any vacancy;

(f) a liquidator shall be described, where a person other than the Official Receiver is liquidator, by the style of the liquidator, and, where the Official Receiver is liquidator, by the style of the Official Receiver and liquidator, of the particular company in respect of which he is appointed, and not by his individual name.

[180

180. Where in the winding up of a company by the court a person other than the Official Receiver is appointed liquidator, that person-

(a) shall not be capable of acting as liquidator until he has notified his appointment to the Registrar and given security in the prescribed manner to the satisfaction of the Official Receiver;

128

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