Finanzwissenschaft

Bibliographic data

Monograph

Identifikator:: 1746729937

URN:: urn:nbn:de:zbw-retromon-119900

Document type:: Monograph

Author:: Földes, Béla http://d-nb.info/gnd/119338211

Title:: Finanzwissenschaft

Edition:: 2., neubearbeitete Auflage

Place of publication:: Jena

Publisher:: G. Fischer

Year of publication:: 1927

Scope:: XIV, 683 S.

Digitisation:: 2021

Collection:: Economics Books

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Chapter

Document type:: Monograph

Structure type:: Chapter

Title:: Viertes Buch. Die Staatseinnahmen

Collection:: Economics Books

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

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