324
1
325-
for D. P. or L.A.
for "Brant of Trade"
for "Act"
for D.P.R.
for D.B.P. or L.A.
do
do.
106
General, and shall furnish to him such information and give to him such access to and facilities for inspecting and taking copies of any documents, being information or documents in the possession or under the control of the liquidator and relating to the matter in question, as he may require.
(8) Where any report is made under the last fore- going subsection to the Attorney General, he may, if he thinks fit, refer the matter to the official receiver for further enquiry, and he shall thereupon investigate the matter and may if he think it expedient, apply to the court for an order conferring on him or any person designated by him for the purpose with respect to the company concerned all such powers of investigating the affairs of the com- pany as are provided by this Ordinance in the case of a winding up by the court.
(4) If on any report to the Attorney General under subsection (2) of this section it appears to him that the case is not one in which proceedings ought to be taken by him, he shall inform the liquidator accord- ingly; and thereupon, subject to the previous sanction of the court, the liquidator may himself take pro- Poedings against the offender.
(5) If it appears to the court in the course of a voluntary winding up that any past or present director, manager or other officer, or any member, of the company has been guilty as aforesaid, and that no report with respect to the matter has been made by the liquidator to the Attorney General under subsection (2) of this section, the court may, on the application of any person interested in the winding up or of its own motion, direct the liquidator to make such a report, and on a report being made accordingly the provisions of this section shall have effect as though the report had been made in pur- suance of the provisions of subsection (2) of this section.
(6) If, where any matter is reported or referred 10 the Attorney General under this section, he considers that the case is one in which a prosecution ought to be instituted and, further, that it is desirable in the public interest that the proceedings in the prosecution should be conducted by him, he shall institute proceedings accordingly, and it shall be the duty of the liquidator and of every officer and agent of the company past and present (other than the defendant in the proceedings) to give him all assist- ance in connection with the prosecution which he is reasonably able to give.
For the purposes of this subsection, the expression "agent" in relation to a company shall be deemed to include any banker or solicitor of the company and any person employed by the company as auditor, whether that person is or is not an officer of the company.
(7) If any person fails or neglects to give assistance in manner required by subsection (6) of this section, the court may, on the application of the Attorney General, direct that person to comply with the requirements of the said subsection, and where any such application is made with respect to a liquidator the court may, unless it appears that the failure or neglect to comply was due to the liquidator not having in his hands sufficient assets of the company to enable him so to do, direct that the costs of the application shall be borne by the liquidator personally.
107
Supplementary Provisions as to Winding up.
264.—(1) A body corporate shall not be qualified Disqualifica- for appointment as liquidator of a company, whether tion for in a winding up by or under the supervision of the appoint- court or In voluntary winding up, and any
liquidator. appointment made in contravention of this provision 19 & 20 Geo. shall be void.
(2) Nothing in this section shall disqualify a body corporate from acting as liquidator of a company if acting under an appointment made before the com- mencement of this Ordinance, but subject as afore- said any body corporate which acts as liquidator of a company shall be liable to a fine not exceeding one thousand dollars.
ment as
5, c. 23, s. 278.
for 3rd August, 1928.
for "one Raundred pounds' <Sub-section relating to Scotland 265.—(1) If any liquidator, who has made any Enforce omitted. default in filing, delivering or making any return, ment of account or other document, or in giving any notice duty of which he is by law required to file, deliver, make or liquidator give, fails to make good the default within fourteen returns, &c. days after the service on him of a notice requiring 19 & 20 Gen. him to do so, the court may, on an application made 5. c. 23, to the court by any contributory or creditor of the s. 279. company or by the registrar of companies, make an order directing the liquidator to make good the default within such time as may be specified in the order.
(2) Any such order may provide that all costs of and incidental to the application shall be borne by the liquidator.
(3) Nothing in this section shall be taken to pre- judice the operation of any enactment imposing such penalties on a liquidator in respect of any default as aforesaid.
to make
266. (1) Where a company is being wound up, Notification whether by or under the supervision of the court or that a com voluntarily, every invoice, order for goods or business pany is in
liquidation. letter issued by or on behalf of the company or a 19 & 20 Geo. liquidator of the company, or a receiver or manager 5, c. 23,
of the property of the company, being a document s. 280. on or in which the name of the company appears, shall contain a statement that the company is being wound up.
(2) If default is made in complying with this section, the company and every director, manager, secretary or other officer of the company, and every liquidator of the company and every receiver manager, who knowingly and wilfully authorises or permits the default, shall be liable to a fine of two hundred dollars.
or
267. In the case of a winding up by the court of Exemption a company registered in the Colony, or of a creditors' of certain voluntary winding up of such a company-
documents from stamp
(a) every assurance relating solely to freehold or duty on
leasehold property, or to any mortgage, charge winding up
of companies or other encumbrance on, or any estate, right 19 & 20 Geo. or interest in, any real or personal property, 5, e. 23. which forms part of the assets of the com- 9.281. pany and which, after the execution of the assurance, either at law or in equity, is or remains part of the assets of the company; and
(b) every power of attorney, proxy paper, writ, or other order, certificate, affidavit, bond instrument or writing relating solely to the property of any company which is being so wound up, or to any proceeding under any such winding-up,
shall be exempt from duties chargeable under the enactments relating to stamp dutics.
for "twenty pounds"
for "England"
to Scotland
< paragraph relating s
omitted.
In this section the expression "assurance" includes deed, conveyance, assignment and surrender.
L
do.