CAP. 32]
[r. 44 cont.]
Appointment of liquidator on report of meetings of creditors and contributories,
R. 56. Form 24.
103 (7).
Companies.
(2) When the court has made an order dispensing with the requirements of the said section, it may give such consequential directions as it may see fit and in particular it may give directions as to the sending of any notices which are by these rules required to be sent to any person mentioned in the statement of affairs.
Appointment of Liquidator in a Winding up by the Court.
45. (1) As soon as possible after the first meetings of creditors and contributories have been held the Official Receiver, or the chairman of the meeting, as the case may be, shall report the result of each meeting to the court.
(2) Upon the result of the meetings of creditors and contributories being reported to the court, the court may, if the meeting of creditors and the meeting of contributories have each passed the same resolutions, or if the resolutions passed at the two meetings are identical in effect, upon the application of the Official Receiver, forthwith make the appointments necessary for giving effect to such resolutions. In any other case the court shall, on the application of the Official Receiver, fix a time and place for considering the resolutions and determinations (if any) of the meetings, deciding differences (if any), and making such order as shall be necessary.
(3) When a time and place have been fixed for the consideration of the resolutions and determinations of the meetings, such time and place shall be advertised by the Official Receiver in such manner as the court shall direct, but so that the first or only advertisement shall be published not less than seven days before the time so fixed.
(4) Upon the consideration of the resolutions and determinations of the meetings the court shall hear the Official Receiver and any creditor or contributory.
(5) If a liquidator is appointed, a copy of the order appointing him shall be transmitted by him to the Official Receiver and the Official Receiver shall, as soon as the liquidator has given security, cause notice of the appointment to be gazetted. The expense of gazetting the notice of the appointment shall be paid by the liquidator, but may be charged by him on the assets of the company.
58
¡
CAP. 32]
[r. 44 cont.]
Appointment of liquidator on report of meetings of
creditors
• and con-
tributories,
R. 56. Form 24.
103 (7).
Companies.
(2) When the court has made an order dispensing with the requirements of the said section, it may give such con- sequential directions as it may see fit and in particular it may give directions as to the sending of any notices which are by these rules required to be sent to any person mentioned in the statement of affairs.
Appointment of Liquidator in a Winding up by the Court.
45. (1) As soon as possible after the first meetings of creditors and contributories have been held the Official Receiver, or the chairman of the meeting, as the case may be, shall report the result of each meeting to the court.
(2) Upon the result of the meetings of creditors and contributories being reported to the court, the court may, if the meeting of creditors and the meeting of contributories have each passed the same resolutions, or if the resolutions passed at the two meetings are identical in effect, upon the application of the Official Receiver, forthwith make the appointments necessary for giving effect to such resolutions. In any other case the court shall, on the application of the Official Receiver, fix a time and place for considering the resolutions and determinations (if any) of the meetings, deciding differences (if any), and making such order as shall be necessary.
(3) When a time and place have been fixed for the consideration of the resolutions and determinations of the meetings, such time and place shall be advertised by the Official Receiver in such manner as the court shall direct, but so that the first or only advertisement shall be published not less than seven days before the time so fixed.
(4) Upon the consideration of the resolutions and deter- minations of the meetings the court shall hear the Official Receiver and any creditor or contributory.
(5) If a liquidator is appointed, a copy of the order appointing him shall be transmitted by him to the Official Forms 25 and Receiver and the Official Receiver shall, as soon as the liquidator has given security, cause notice of the appoint- ment to be gazetted. The expense of gazetting the notice of the appointment shall be paid by the liquidator, but may be charged by him on the assets of the company.
58
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