2114
Power of court to declare dissolution of company void.
No. 58 of 1911.
COMPANIES.
(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 voluntary winding-up, in such way as the company by extraordinary resolution directs.
(2) After five years from the dissolution of the company, no responsibility shall rest on the company, or the liquidators, or any person to whom the custody of the books and papers has been committed, by reason of the same not being forthcoming to any person claiming to be interested therein.
213. (1) Where a company has been dissolved, the court may at any time within two years of the date of the dissolution, on an application being made for the purpose by the liquidator of the company or by any other person who appears to the court to be interested, make an order, c. 69, s. 223. upon such terms as the court thinks fit, declaring the dissolution to have been void, and thereupon such proceedings may be taken as might have been taken if the company had not been dissolved.
8 Edw. 7,
Information as to pending liquidations. 8 Edw. 7, c. 69, s. 224.
(2) It shall be the duty of the person on whose application the order was made, within seven days after the making of the order, to file with the Registrar of Companies an office copy of the order, and if that person fails so to do he shall be liable to a fine not exceeding fifty dollars for every day during which the default continues.
214. (1) Where a company is being wound up, if 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 all reasonable times, on payment of the prescribed fee, to inspect the statement, and to receive a copy thereof or extract therefrom; but any person untruthfully so stating himself to be a creditor or contributory shall be guilty of a contempt of court, and shall be punishable accordingly on the application of the liquidator or of the Official Receiver.
*As amended by No. 12 of 1921 and Law Rev. Ord., 1921.
2114
Power of court to declare dis- solution of
company void.
No. 58 of 1911.
COMPANIES.
(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 voluntary winding-up, in such way as the company by extraordinary resolution directs.
(2) After five years from the dissolution of the company, no responsibility shall rest on the company, or the liqui- dators, or any person to whom the custody of the books and papers has been committed, by reason of the same not being forthcoming to any person claiming to be interested therein.
213. (1) Where a company has been dissolved, the court may at any time within two years of the date of the dissolution, on an application being made for the purpose by the liquidator of the company or by any other person who appears to the court to be interested, make an order, c. 69, s. 223. upon such terms as the court thinks fit, declaring the dissolution to have been void, and thereupon such proceed- ings may be taken as might have been taken if the company had not been dissolved.
8 Edw. 7,
Information
liquidations. 8 Edw. 7,
c. 69, s. 224.
(2) It shall be the duty of the person on whose application the order was made, within seven days after the making of the order, to file with the Registrar of Companies an office. copy of the order, and if that person fails so to do he shall be liable to a line not exceeding fifty dollars for every day during which the default continues.
214. (1) Where a company is being wound up, if the as to pending 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 all reasonable times, on payment of the prescribed fee, to inspect the statement, and to receive a copy thereof or extract therefrom; but any person untruthfully so stating himself to be a creditor or contributory shall be guilty of a contempt of court, and shall be punishable accordingly on the application of the liquidator or of the Official Receiver.
*As amended by No. 12 of 1921 and Law Rev, Ord., 1921.
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