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.

COMPANIES ACT, 1929 687 (¢) of subsection (1) of this section formal proof thereof shall not be required except in so far as is otherwise provided by general rules. (6) In the event of a landlord or other person distraining or having distrained on any goods or effects of the company within three months next before the date of a winding-up order, the debts to which priority is given by this section shall be a first charge on the goods or effects so distrained on, or the proceeds of the sale thereof : Provided that, in respect of any money paid under any such charge, the landlord or other person shall have the same rights of priority as the person to whom the payment is made. (7) In this section the expression “the relevant date” means— (a) in the case of a company ordered to be wound up com- pulsorily which had not previously commenced to be wound up voluntarily, the date of the winding-up order; and in any other case, the date of the commencement of the winding up. (b) Effect of Winding Up on antecedent and other Transactions. 265.—(1) Any conveyance, mortgage, delivery of goods, payment, execution, or other act relating to property which would, if made or done by or against an individual, be deemed in his bankruptcy a fraudulent preference, shall, if made or done by or against a company, be deemed, in the event of its being wound up, a fraudulent prefer- ence of its creditors, and be invalid accordingly. Fraudulent preference. (2) For the purposes of this section, the commencement of the winding up shall be deemed to correspond with the presentation of the bankruptcy petition in the case of an individual. (3) Any conveyance or assignment by a company of ail its property to trustees for the benefit of all its creditors shall be void to all intents. (4) In the application to Scotland of this section, the expression “fraudulent preference’ includes any alienation or preference which is voidable by statute or at common law on the ground insolvency or notour bankruptcy, and the expression ‘bankrm petition’ means petition for sequestration. 266. Where a company is being wound up, a floating charge on Egfiect of foating the undertaking or property of the company created within six charge. months of the commencement of the winding up shall, unless it is proved that the company immediately after the creation of the charge was solvent, be invalid, except to the amount of any cash paid to the company at the time of or subsequently to the creation of, and in consideration for, the charge, together with interest on that amount at the rate of five per cent. per annum.

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