Vacancy in
Office of
Liquidator.

The Final
Meeting.

266

SECRETARIAL PRACTICE
of the Winding-up Rules of 1929 ‘if a Receiving Order in
Bankruptcy is made against a liquidator he shall thereby
vacate his office, and for the purposes of the application of
the Act and Rules shall be deemed to have been removed.’

As regards vacancies occurring in the office of liquidator,
this is provided for by ss. 249, 233 and 242 of the Act of 1929.
Under s. 249, when no liquidator is acting, the Court may
appoint a liquidator; and, as has already been seen, the
Court may, on the removal of a liquidator, appoint another.
Further, it has been held that the Court may, if an additional
liquidator is required, appoint him, and that an application
to the Court for the appointment of an additional liquidator
may be made by an existing liquidator [re Sunlight Incan-
descent Gas Lamp Company (1900), 2 Ch. 728]. Under s. 233,
on the occurrence in a members’ voluntary liquidation
of a vacancy in the office of liquidator appointed by the
company, by death, resignation, or otherwise, the company
may in general meeting, subject to any arrangement they
may have entered into with their creditors, fill up the
vacancy; and any contributory or the continuing liquidators
(if any), may convene the meeting; it must be convened
and held according to the provisions of the articles, or as
the Court upon application may direct. Under s. 242, if in
a creditors’ voluntary liquidation a vacancy occurs by death,
resignation, or otherwise in the office of a liquidator other
than one appointed by or by the direction of the Court,
the creditors may fill the vacancy. Rules 126 to 154 apply to
the convening and conduct of the meeting and to proxies
to be used thereat.

The duties of the liquidator upon the conclusion of the
winding up may now be considered. These are laid down
by ss. 236 and 245 of the Act. The first step in the final
proceedings is for the liquidator to make up an account,
showing how the winding up has been conducted and the
property of the company disposed of. With reference to the
form of the account, none is prescribed by the rules; the
liquidator will accordingly prepare it in such form as he
thinks best. It may, however, conveniently take the general
form of the periodical accounts which the liquidator is required
to furnish to the Registrar under S. 284 in the case of com-
panies the winding up of which is not concluded within a year,
with the necessary difference that it will be a complete, and
not an incomplete, account, and certain statements required
in the periodical account will be inappropriate in the case of
a final account. Having regard to the fact that the account is
required to show ‘how the winding up has been conducted