1984 Ed.]

Companies

[CAP. 32

211

(2) On any application under this section the court may, before making an order, require the Official Receiver to furnish to the court a report with respect to any facts or matters which are in his opinion relevant to the application.

(3) A copy of every order made under this section shall forthwith be delivered by the company, or otherwise as may be prescribed, to the Registrar. (Added, 6 of 1984, s. 146)

209A. (1) The court may, on the application of the liquidator or any creditor, direct that the winding up of a company ordered to be wound up by the court shall be conducted as if the winding up were a creditors' voluntary winding up.

(2) In the exercise of its power under this section, the court shall have regard to the wishes of the creditors and the contributories of the company, as proved to it by any sufficient evidence, in the same manner and to the same extent as provided in section 287. (Added, 6 of 1984, s. 147)

210. (1) As soon as may be after making a winding-up order, the court shall settle a list of contributories, with power to rectify the register of members in all cases where rectification is required in pursuance of this Ordinance, and shall cause the assets of the company to be collected, and applied in discharge of its liabilities:

Provided that, where it appears to the court that it will not be necessary to make calls on or adjust the rights of contributories, the court may dispense with the settlement of a list of contributories.

(2) In settling the list of contributories, the court shall distinguish between persons who are contributories in their own right and persons who are contributories as being representatives of or liable for the debts of others.

211. The court may, at any time after making a winding-up order, require any contributory for the time being on the list of contributories, and any trustee, receiver, banker, agent or officer of the company to pay, deliver, convey, surrender, or transfer forthwith, or within such time as the court directs, to the liquidator any money, property, or books and papers in his hands to which the company is prima facie entitled.

212. (1) The court may, at any time after making a winding-up order, make an order on any contributory for the time being on the list of contributories to pay, in manner directed by the order, any money due from him or from the estate of the person whom he represents to the company, exclusive of any money payable by him or the estate by virtue of any call in pursuance of this Ordinance.

(2) The court in making such an order may——

Power of court to order winding up to be conducted as creditors' voluntary winding up.

Settlement of list of contributories and application of assets.

1929 c. 23, s. 203.

Delivery of property to liquidator.

1929 c. 23, s. 204.

Payment of debts due by contributory to company and extent to which set-off allowed. 1929 c. 23. s. 205.

Share This Page