Page:UKSRO 1890.pdf/280

This page has been proofread, but needs to be validated.
244
COMPANY.
Up) Act, 1890, applies) the chairman shall be such person as the meeting by resolution shall appoint.
Votes at meetings.

53. The provisions of section 91 of the Companies Act, 1862,[1] relating to votes of creditors and contributories at meetings summoned under that section shall apply to the voting of creditors and contributories at meetings held under the Companies (Winding Up) Act, 1890, and these Rules.

Copy of resolution for Chief Clerk or Registrar.

54. Form 32. The Official Receiver, or, as the case may be, the Liquidator, shall send in the High Court to the chief clerk of the Judge to whom the winding up of the company is assigned, and in any other Court to the Registrar, a copy, certified by him, of every resolution of a meeting of creditors or contributories.

Non-reception of notice by creditor.

55. Where a meeting of creditors or contributories is summoned by notice, the proceedings and resolutions of the meeting shall, unless the Court otherwise orders, be valid, notwithstanding that some creditors or contributories may not have received the notice sent to them.

Adjournment.

56. Form 29. Where a meeting of creditors is adjourned, the adjourned meeting shall be held at the same place as the original place of meeting, unless in the resolution for adjournment another place is specified, or unless the Court otherwise orders.

Quorum.

57. In calculating a quorum at a creditors' meeting, those persons only who are entitled to vote shall be reckoned.

Statement of Affairs.

Preparation of statement of affairs. [s. 7 of Act of 1890.]

58.—(1) Form 33. Every person who under section 7 of the Companies (Winding Up) Act, 1890, has been required by the Official Receiver to submit and verify a statement as to the affairs of the company, shall be furnished by the Official Receiver with Forms and instructions for the preparation of the statement. The statement shall be made out in duplicate, one copy of which shall be verified by affidavit. The Official Receiver shall place upon the file of proceedings in the winding up the verified statement of affairs.

58.—(2) The Official Receiver may from time to time hold personal interviews with such person or persons, for the purpose of investigating the company's affairs; and it shall be the duty of every such person to attend on the Official Receiver at such time and place as the Official Receiver may appoint, and give the Official Receiver all information that he may require.

Extension of time for submitting statement of affairs.

59. 59. Where any person requires any extension of time for submitting the statement of affairs, he shall apply to the Official Receiver, who may, if he thinks fit, give a written certificate extending the time, which certificate shall be filed with the pro-
  1. ↑ 25 & 26 Vict. c. 89.
This article is issued from Wikisource. The text is available under Creative Commons Attribution-Share Alike 4.0 unless otherwise noted. Additional terms may apply for the media files.