(Vol. VIIJ, A 4),

Appointment

of iquidator

and com- mittee of inspection.

2

the creditors so requires, it may, on or after the making of a winding up order, order that the winding up of the company by the court shall be regulated specially by the court, and such order shall be known as a regulating order.

(2) Where a regulating order is made it shall be published in such manner as the court may direct, and sections 2128 to 212E inclusive shaft apply to the wind- ing up.

(3) Where a regulating order is made the Companies (Winding-up) Rules shall apply mutatis mutandis to the Official Receiver, liquidator and committee of inspection appointed or acting after the making of a regulating order, and to the conduct of any ballot or other proceedings ordered by the court under section 2120 or 212D.

(4) Where any order made under section 212B, 2120 or 212D prescribes any procedure it shall be deemed to be in substitution for the procedure which would be required by this Ordinance but for the making of such order, and in particular where any such order prescribes a procedure for doing something which would otherwise be dods at a meeting of creditors or contributories no such meeting shall be required to be held.

212B. (1) The court may on the application of the Official Receiver by order-

(a) dispense with the summoning of first meetings of creditors and contributories as required under sections 179 and 191 for the purpose of con- sidering the appointment of a liquidator and a committes of inspection;

(b) appoint the Official Receiver or such other person or persons recommended by him as liquidator or liquidators; and

(c) appoint such qualified persons as it thinks it as a committee of inspection, and may remove any member thereof and fill any vacancy therein.

(2) Where under subsection (1) the court makes any appointment of a liquidator or a committee of inspection, or where it removes any member of such committee of inspection or fills any vacancy therein, it shall not be necessary to ascertain the wishes of the creditors or con- tributories, and the provisions of paragraph (5) of section 179 or subsections (1) and (2) of section 191 or subsections (6) and (7) of section 192, as the case may be, shall cease

Informing creditors and contrl- butories and

ascertaining

their wishes und direc Bons.

Compromises

and arrange. ments with creditors.

3

to apply and any action taken under such provisions in respect of any appointment of a liquidator or committee of inspection or any removal therefrom or any filling of any vacancy therein shall cease to bave effect.

212C. The court may vary the procedure for ascer- taining the wishes and directions of creditors and contribu tories, and for keeping such creditors and contributories informed as to any matter relating to the winding up, and for such purposes the court may-

(4) order that the Official Receiver or liquidator in- form the creditors and contributories of such matters in such manner as it may direct;

(6) for the purposes of sections 185 aml 272 onler that the wishes of creditors and contributories be ascertained by the Official Receiver or liquidator in such manner as it may direct;

(c) for the purposes of section 185 order that the wishes of the creditors and contributories as- certained pursuant to paragraph (6) be reported by the Official Receiver or liquidator to the court. which may thereupon give such directions as it sees fit, and that notwithstanding subsection (2) of section 185 the liquidator shall not be required to summon any meetings of creditors or contri- butories:

Provided that nothing in subsection (4) of section 212A or in this paragraph shall operate to prevent any person making application to the court under subsection (5) of section 185;

(d) order that instead of the same being sent by post as required under subsection (5) of section 188 the account of the liquidator or a summary there- of be communicated by the Official Receiver to the creditors and contributories in such manner as it may direct.

2120. (1) The court may for the purposes of section 151 and notwithstanding subsection (1) thereof order that the wishes of creditors or contributories concerning agree- ment to or rejection of any compromise or arrangement be ascertained by the liquidator in such manner as it may direct including the conduct of a ballot and the use of voting letters and without bolding meetings.

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