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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684 SECRETARIAL PRACTICE Power of court 259.__(1) Where an order is made for a winding up subject to io app mt or supervision, the court may by that or anv subsequent order appoint liquidators. an additional liquidator. (2) A liquidator appointed by the court under this section shall have the same powers, be subject to the same obligations, and in all respects stand in the same position, as if he had been duly appointed in accordance with the provisions of this Act with respect to the appointment of liquidators in a voluntary winding up. (3) The court may remove any liquidator so appointed by the court or any liquidator continued under the supervision order and fill any vacancy occasioned by the removal, or by death or resignation. Effect of super- vision order. 260.—(1) Where an order is made for a winding up subject tc supervision, the liquidator may, subject to any restrictions imposed by the court, exercise all his powers, without the sanction or inter- vention of the court, in the same manner as if the companv were being wound up altogether voluntarily: Provided that the powers specified in paragraphs (d), (e¢) and (f) of subsection (1) of section one hundred and ninety-one of this Act shall not be exercised by the liquidator except with the sanction of the court or, in a case where before the order the winding up was a creditor’s voluntary winding up, with the sanction of either the court or the committee of inspection. (2) A winding up subject to the supervision of the court is not a winding up by the court for the purpose of the provisions of this Act which are set out in the Ninth Schedule to this Act, but, subject as aforesaid, an order for a winding up subject to supervision shall for all purposes be deemed to be an order for winding up by the court: Provided that where the order for winding up subject to super- vision was made in relation to a creditor’s voluntary winding up in which a committee of inspection had been appointed, the order shall be deemed to be an order for winding up by the court for the purpose of section one hundred and ninety-nine (except subsection (1) thereof) and section two hundred and one of this Act, except in so far as the operation of those sections is excluded in a voluntary winding up bv general rules. (v) PROVISIONS APPLICABLE TO EVERY MODE oF WINDING UP. Proof and Ranking of Claims. Debts of all descriptions to be proved. 261. In every winding up (subject in the case of insolvent com- panies to the application in accordance with the provisions of this Act of the law of bankruptcy) all debts payable on a contingency, and all claims against the company, present or future, certain or contingent, ascertained or sounding only in damages, shall be admissible to proof against the company, a just estimate being made, so far as possible, of the value of such debts or claims as may be subject to any contingency or sound only in damages, .or for some other reason do not bear a certain value.

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