560

SECRETARIAL PRACTICE
(2)

The official receiver shall summon separate meetings of the
creditors and contributories of the company for the purpose
of determining whether or not an application is to be made
to the court for appointing a liquidator in the place of the
official receiver:

The court may make any appointment and order required
to give effect to any such determination, and, if there is a
difference between the determinations of the meetings of
the creditors and contributories in respect of the matter
aforesaid, the court shall decide the difference and make
such order thereon as the court may think fit:

In a case where a liquidator is not appointed by the court,
the official receiver shall be the liquidator of the company:
The official receiver shall by virtue of his office be the
liquidator during any vacancy:

A liquidator shall be described, where a person other than
the official receiver is liquidator, by the style of “the
liquidator,” and, where the official receiver is liquidator,
by the style of ‘“the official receiver and liquidator,” of the
particular company in respect of which he is appointed,
and not by his individual name.

3)

4)

(5)

(6)

Provisions 186. Wherein the winding up of a company by the court in England

thar than a person other than the official receiver is appointed liquidator, that

official receiver person—

faurdator. (x) shall not be capable of acting as liquidator until he has
notified his appointment to the registrar of companies and
given security in the prescribed manner to the satisfaction
of the Board of Trade:
shall give the official receiver such information and such
access to and facilities for inspecting the books and docu-
ments of the company, and generally such aid as may be
requisite for enabling that officer to perform his duties
under this Act.
Provisions as to 187. The following provisions with respect to the liquidators shall
yeatons in have effect in a winding up by the court in Scotland :—
(1) The court may determine whether any and what security
is to be given by a liquidator on his appointment:
A liquidator shall be described by the style of ‘the official
liquidator” of the particular company in respect of which
he is appointed and not by his individual name:
Where an order has been made for winding up a company
subject to supervision, and an order is afterwards made
for winding up by the court, the court may by the last-
mentioned or by any subsequent order appoint any person
who is then liquidator, either provisionally or permanently,
and either with or without any other person, to be liquidator
in the winding up by the court.