326
for "Board of Trade"
for "the Board"
do
do.
do
for "Lundred pounds"
for "fifty pounds"
Books of
company to be evidence,
19 & 20 Geo. 5, c. 23, 8. 282.
Disposal
of books
108
268. Where a company is being wound up, all books and papers of the company and of the liquida- .
the contributories of the tors shall, as between company, be primâ facie evidence of the truth of all matters purporting to be therein recorded.
269.-(1) When a company has been wound up and is about to be dissolved, the books and papers of the company and of the liquidators may be disposed 19 & 20 Geo. of as follows, that is to say:-
and papers
of company.
5, c. 23,
s. 283.
Informa- tion as to pending liquidations.
19 & 20 Geo. 5, c. 23, s. 284.
" in England" omitted. Unclaimed
assets to be paid to Companies Liquidation Account.
19 & 20 Geo. 5, c. 23, s. 285.
(a) In the case of a winding up by, or subject to the supervision of, the court in such way as the court directs;
(b) In the case of a members' voluntary winding up, in such way as the company by extra- ordinary resolution directs, and, in the case of a creditors' voluntary winding up, in such way as the committee of inspection or, if there is no such committee, as the creditors of the company, may direct.
(2) After five years from the dissolution of the company no responsibility shall rest on the company, the liquidators, or any person to whom the custody of the books and papers has been committed, by reason of any book or paper not being forthcoming to any person claiming to be interested therein.
(3) Provision may be made by general rules for enabling the official receiver to prevent, for such period (not exceeding five years from the dissolution of the company) as he think proper, the destruction of the books and papers of a company which has been wound up, and for enabling any creditor or contributory of the company to make representations to him, and to appeal to the court from any direction which may be given by him in the matter.
(4) If any person acts in contravention of any general rules made for the purposes of this section or of any direction of the official receiver thereunder, he shall be liable to a fine not exceeding one thousand dollars.
270.-(1) If where a company is being wound up the winding up is not concluded within one year after its commencement, the liquidator shall, at such intervals as may be prescribed, until the winding up is concluded, send to the registrar of companies a statement in the prescribed form and containing the prescribed particulars with respect to the proceedings in and position of the liquidation.
(2) Any person stating himself in writing to be a creditor or contributory of the company shall be entitled, by himself or by his agent, at ali reasonable times, on payment of the prescribed feo, to inspect the statement, and to receive a copy thereof or extract therefrom.
(3) If a liquidator fails to comply with this section, he shall be liable to a fine not exceeding five hundred dollars for each day during which the default con- tinues, and any person untruthfully stating himself as aforesaid to be a creditor or contributory shall be guilty of a contempt of court, and shall, on the application of the liquidator or of the official receiver, be punishable accordingly.
271.-(1) If, where a company is being wound up it appears either from any statement sent to the registrar under the last foregoing section or other- wise that a liquidator has in his hands or under his control any money representing unclaimed or undis- tributed assets of the company which have remained unclaimed or undistributed for six months after the date of their receipt, the liquidator shall forthwith