Secretarial practice

Bibliographic data

Monograph

Identifikator:: 1828236004

URN:: urn:nbn:de:zbw-retromon-249926

Document type:: Monograph

Title:: Secretarial practice

Edition:: fourth edition

Place of publication:: Cambridge

Publisher:: W. Heffer & Sons Ltd

Year of publication:: 1930

Scope:: viii, 987 Seiten

Digitisation:: 2022

Collection:: Economics Books

Usage license:: Get license information via the feedback formular.

H56 SECRETARIAL PRACTICE (2) Where the petition is presented on the ground of default in delivering the statutory report to the registrar or in holding the statutory meeting, the court may— (a) instead of making a winding-up order, direct that the statutory report shall be delivered or that a meeting shall be held; and (b) order the costs to be paid by any persons who, in the opinion of the court, are responsible for the default. Pores Su say or 172. At any time after the presentation of a winding-up petition, IE il and before a winding-up order has been made, the company, or company. any creditor or contributory, may— (a) where any action or proceeding against the company is pending in the High Court or Court of Appeal in England or Northern Ireland, apply to the court in which the action or proceeding is pending for a stay of proceedings therein; and where any other action or proceeding is pending against the company, apply to the court having jurisdiction to wind up the company to restrain further proceedings in the action or proceeding; and the court to which application is so made may, as the case may be, stay or restrain the proceedings accordingly on such terms as it thinks fit. Avoids of 173. In a winding up by the court, any disposition of the property ro hy of the company, including things in action, and any transfer of after commence- shares, or alteration in the status of the members of the company, ot of winding ade after the commencement of the winding up, shall, unless the court otherwise orders, be void. Avoidance ot 174.—(1) Where any company registered in England is being in case of Eng. wound up by the court, any attachment, sequestration, distress, or he company execution put in force against the estate or effects of the company wud og after the commencement of the winding up shall be void to all land of Scottish intents. company. (2) The provisions of this section shall, so far as relates to any estate or effects of the company situate in England, apply in the case of a company registered in Scotland as it applies in the case of a company registered in England. Commencement of Winding Ub. Commencement ~~ 175.—(1) Where before the presentation of a petition for the of winding uP bY winding up of a company by the court a resolution has been passed by the company for voluntary winding up, the winding up of the company shall be deemed to have commenced at the time of the passing of the resolution, and unless the court, on proof of fraud or mistake, thinks fit otherwise to direct, all proceedings taken in the voluntary winding up shall be deemed to have been validly taken.

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