1984 Ed.]
Companies (Winding-up) Rules
[CAP. 32
H 33
[Subsidiary]
contributories included in such call, together with a notice from the liquidator specifying the amount or balance due from such contributory in respect of such call, but such resolution or order need not be advertised unless for any special reason the court so directs.
78. The payment of the amount due from each contributory on a call may be enforced by order of the court, to be made in chambers on summons by the liquidator.
PROOFS
79. In a winding up by the court every creditor shall prove his debt, unless a judge in any particular winding up shall give directions that any creditors or class of creditors shall be admitted without proof.
80. A debt may be proved in any winding up by delivering or sending through the post an affidavit verifying the debt. In a winding up by the court the affidavit shall be so sent to the Official Receiver or, if a liquidator has been appointed, to the liquidator; and in any other winding up the affidavit may be so sent to the liquidator.
81. An affidavit proving a debt may be made by the creditor himself or by some person authorized by or on behalf of the creditor. If made by a person so authorized, it shall state his authority and means of knowledge.
82. An affidavit proving a debt shall contain or refer to a statement of account showing the particulars of the debt, and shall specify the vouchers, if any, by which the same can be substantiated. The Official Receiver or liquidator to whom the proof is sent may at any time call for the production of the vouchers.
83. An affidavit proving a debt shall state whether the creditor is or is not a secured creditor.
84. An affidavit proving a debt may in a winding up by the court be sworn before the Official Receiver, or an assistant or deputy official receiver.
85. A creditor shall bear the cost of proving his debt unless the court otherwise orders.
86. A creditor proving his debt shall deduct therefrom (a) all trade discounts, and (b) any discount, which he may have agreed to allow for payment in cash, in excess of 5 per cent on the net amount of his claim.
87. When any rent or other payment falls due at stated periods, and the order or resolution to wind-up is made at any time other than one of those periods, the persons entitled to the rent or payment may prove for a proportionate part thereof.
Enforcement of call.
R. 88.
Forms 60, 61 and 62.
Proof of debt.
R. 89.
Mode of proof.
R. 90.
Verification of proof.
R. 91.
Contents of proof.
R. 92.
Form 63.
Statement of security.
R. 93.
Proof before whom sworn. R. 94. L.N. 50/64.
Costs of proof.
R. 95.
Discount.
R. 96.
Periodical payments. R. 97.
1984 Ed.]
Companies (Winding-up) Rules
[CAP. 32
H 33
[Subsidiary]
contributories included in such call, together with a notice from the liquidator specifying the amount or balance due from such contribu- tory in respect of such call, but such resolution or order need not be advertised unless for any special reason the court so directs.
78. The payment of the amount due from each contributory on a call may be enforced by order of the court, to be made in chambers on summons by the liquidator.
PROOFS
79. In a winding up by the court every creditor shall prove his debt, unless a judge in any particular winding up shall give directions. that any creditors or class of creditors shall be admitted without proof.
80. A debt may be proved in any winding up by delivering or sending through the post an affidavit verifying the debt. In a winding up by the court the affidavit shall be so sent to the Official Receiver or, if a liquidator has been appointed, to the liquidator; and in any other winding up the affidavit may be so sent to the liquidator.
81. An affidavit proving a debt may be made by the creditor himself or by some person authorized by or on behalf of the creditor. If made by a person so authorized, it shall state his authority and means of knowledge.
82. An affidavit proving a debt shall contain or refer to a statement of account showing the particulars of the debt, and shall specify the vouchers, if any, by which the same can be substantiated. The Official Receiver or liquidator to whom the proof is sent may at any time call for the production of the vouchers.
83. An affidavit proving a debt shall state whether the creditor is or is not a secured creditor.
84. An affidavit proving a debt may in a winding up by the court be sworn before the Official Receiver, or an assistant or deputy official receiver.
85. A creditor shall bear the cost of proving his debt unless the court otherwise orders.
86. A creditor proving his debt shall deduct therefrom (a) all trade discounts, and (b) any discount, which he may have agreed to allow for payment in cash, in excess of 5 per cent on the net amount of his claim.
87. When any rent or other payment falls due at stated periods, and the order or resolution to wind-up is made at any time other than one of those periods, the persons entitled to the rent or
Enforcement of
call.
R. SS.
Forms 60, 61 and 62.
Proof of debt.
R. 89.
Mode of proof.
R. 90.
Verification of proof.
R. 91.
Contents of proof.
R. 92.
Form 63.
Statement of security.
R. 93.
Proof before whom sworn. R. 94. L.N. 50/64.
Costs of proof.
R. 95.
Discount.
R. 96.
Periodical payments. R. 97.
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