H 42
[Subsidiary]
Admission and rejection of proofs for
purpose of voting. R. 141.
Statement of security. R. 142.
Minutes of meeting. R. 143.
Form 22. L.N. 201/84.
Proxies. R. 144.
Form of proxies. R. 145.
Forms 89 and 81.
Forms of proxy to be sent with notices. R. 146.
CAP. 32] Companies (Winding-up) Rules [1984 Ed.
128. The chairman shall have power to admit or reject a proof for the purpose of voting, but his decision shall be subject to appeal to the court. If he is in doubt whether a proof should be admitted or rejected he shall mark it as objected to and allow the creditor to vote subject to the vote being declared invalid in the event of the objection being sustained.
129. For the purpose of voting at any voluntary liquidation meetings a secured creditor shall unless he surrender his security lodge with the liquidator or where there is no liquidator at the registered office of the company before the meeting a statement giving the particulars of his security, the date when it was given and the value at which he assesses it.
130. (1) The chairman shall cause minutes of the proceedings at the meeting to be drawn up and fairly entered in a book kept for that purpose or in the file of proceedings and the minutes shall be signed by him or by the chairman of the next ensuing meeting.
(2) A list of creditors and contributories present at every meeting shall be made and kept as in Form 22.
PROXIES IN RELATION TO A WINDING UP BY THE COURT, AND TO MEETINGS OF CREDITORS IN A Creditors VOLUNTARY WINDING UP, INCLUDING A WINDING UP UNDER SECTION 228A
131. A creditor or a contributory may vote either in person or by proxy. Where a person is authorized in manner provided by section 115 of the Ordinance to represent a corporation at any meeting of creditors or contributories such person shall produce to the Official Receiver or liquidator or other the chairman of the meeting a copy of the resolution so authorizing him. Such copy must either be under the seal of the corporation or must be certified to be a true copy by the secretary or a director of the corporation. The succeeding rules as to proxies shall not (unless otherwise directed by the court) apply to a court meeting of creditors or contributories prior to the first meeting.
132. Every instrument of proxy shall be in accordance with the form in the Appendix and every written part thereof shall be in the handwriting of the person giving the proxy or of any manager or clerk or other person in his regular employment or of the solicitor employed by him in connexion with the matter or of a commissioner to administer oaths in the Supreme Court.
133. General and special forms of proxy shall be sent to the creditors and contributories with the notice summoning the meeting, and neither the name nor description of the Official Receiver or liquidator or any other person shall be printed or inserted in the body of any instrument of proxy before it is so sent.
H 42
[Subsidiary]
Admission and rejection of proofs for
purpose of voting.
R. 141.
Statement of security.
R. 142.
Minutes of meeting.
R. 143.
Form 22.
L.N. 201/84.
Proxies. R. 144.
Form of proxies. R. 145.
Forms 89 and 81.
Forms of proxy to be sent with notices.
R. 146.
CAP. 32]
Companies (Winding-up) Rules
[1984 Ed.
128. The chairman shall have power to admit or reject a proof for the purpose of voting, but his decision shall be subject to appeal to the court. If he is in doubt whether a proof should be admitted or rejected he shall mark it as objected to and allow the creditor to vote subject to the vote being declared invalid in the event of the objection being sustained.
129. For the purpose of voting at any voluntary liquidation meetings a secured creditor shall unless he surrender his security lodge with the liquidator or where there is no liquidator at the registered office of the company before the meeting a statement giving the particulars of his security, the date when it was given and the value at which he assesses it.
130. (1) The chairman shall cause minutes of the proceedings at the meeting to be drawn up and fairly entered in a book kept for that purpose or in the file of proceedings and the minutes shall be signed by him or by the chairman of the next ensuing meeting.
(2) A list of creditors and contributories present at every meeting shall be made and kept as in Form 22.
PROXIES IN RELATION TO A WINDING UP BY THE COURT, AND TO MEETINGS OF CREDITORS IN A Creditors VOLUNTARY WINDING UP, INCLUDING A WINDING UP UNDER SECTION 228A
131. A creditor or a contributory may vote either in person or by proxy. Where a person is authorized in manner provided by section 115 of the Ordinance to represent a corporation at any meeting of creditors or contributories such person shall produce to the Official Receiver or liquidator or other the chairman of the meeting a copy of the resolution so authorizing him. Such copy must either be under the seal of the corporation or must be certified to be a true copy by the secretary or a director of the corporation. The succeeding rules as to proxies shall not (unless otherwise directed by the court) apply to a court meeting of creditors or contributories prior to the first meeting.
132. Every instrument of proxy shall be in accordance with the form in the Appendix and every written part thereof shall be in the handwriting of the person giving the proxy or of any manager or clerk or other person in his regular employment or of the solicitor employed by him in connexion with the matter or of a commissioner to administer oaths in the Supreme Court.
133. General and special forms of proxy shall be sent to the creditors and contributories with the notice summoning the meeting. and neither the name nor description of the Official Receiver or liquidator or any other person shall be printed or inserted in the body of any instrument of proxy before it is so sent.
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