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

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COMPANIES ACT, 1029 682 252.—(1) The liquidator or any contributory or creditor may apply to the court to determine any question arising in the winding up of a company, or to exercise, as respects the enforcing of calls, or any other matter, all or any of the powers which the court might exercise if the company were being wound up by the court. (2) The court, if satisfied that the determination of the question or the required exercise of power will be just and beneficial, may accede wholly or partially to the application on such terms and conditions as it thinks fit, or may make such other order on the application as it thinks just. 253.—(1) If the court, on the application of the liquidator in the winding up of a company registered in Scotland, so directs, no action or proceeding shall be proceeded with or commenced against the company except by leave of the court, and subject to such terms as the court may impose. (2) Nothing in this section shall be taken to affect the practice or powers of the court as existing immediately before the commence- ment of this Act with respect to the staying of proceedings against a company registered in England and in course of being wound up 254. All costs, charges, and expenses properly incurred in the winding up, including the remuneration of the liquidator, shall be payable out of the assets of the company in priority to all other claims. 255. The winding up of a company shall not bar the right of any creditor or contributory to have it wound up by the court, but in the case of an application by a contributory, the court must be satisfied that the rights of the contributories will be prejudiced by a voluntary winding up. Power to apply to court to have questions deter- mined or powers exercised. dower of court n Scotland to “tay proceedings 1gainst com- Jany. Costs of volun- tary winding up. Saving for rights of creditors and contributories. (ivy) WinDING Up SUBJECT TO SUPERVISION OF COURT. 256. When a company has passed a resolution for voluntary Power to order winding up, the court may make an order that the voluntary winding Jpeg? up shall continue but subject to such supervision of the court, supervision. and with such liberty for creditors, contributories, or others tr apply to the court, and generally on such terms and conditions, a the court thinks just. 257. A petition for the continuance of a voluntary winding up Effect of petition subject to the supervision of the court shall, for the purpose of nin Bp giving jurisdiction to the court over actions, be deemed to be a supervision. petition for winding up by the court. 258. A winding up subject to the supervision of the court shall, Application of for the purposes of sections one hundred and seventy-three and one $5; 17330d 174 to hundred and seventy-four of this Act, be deemed to be a winding Diet or up by the court. supervision.

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