Responsible government in the Dominions: Responsible government in the Dominions

Bibliographic data

Multivolume work

Identifikator:: 1896933912

Document type:: Multivolume work

Author:: Keith, Arthur Berriedale http://d-nb.info/gnd/119086794

Title:: Responsible government in the Dominions

Place of publication:: Oxford

Publisher:: Clarendon Press

Year of publication:: 1912-

Collection:: Economics Books

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

Volume

Identifikator:: 1896935052

URN:: urn:nbn:de:zbw-retromon-238139

Document type:: Volume

Author:: Keith, Arthur Berriedale http://d-nb.info/gnd/119086794

Title:: Responsible government in the Dominions

Volume count:: Vol. 2

Place of publication:: Oxford

Publisher:: Clarendon Pr.

Year of publication:: 1912

Scope:: XI Seiten, Seiten 570-1100

Digitisation:: 2022

Collection:: Economics Books

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

Chapter

Document type:: Multivolume work

Structure type:: Chapter

Title:: Part IV. The federations and the union // Chapter II. The commonwealth of Australia

Collection:: Economics Books

232 SECRETARIAL PRACTICE company will be able to pay its debts in full within a period, not exceeding twelve months, from the commencement of the winding up (¢.e. the passing of the resolution), and (2) the above-mentioned declaration is delivered to the Registrar for registration [s. 230]. A declaration under this section should be in Form No. 39 (b) of the forms scheduled to the Companies (Forms) Order, 1929. If no such declaration is made and delivered to the Registrar for registration before the notices are sent out, the winding up is a creditors’ voluntary winding up, even though the company may in fact be solvent. In either event the requisite resolution must be passed. The requisites for an extraordinary and special resolution are contained in s. 117, and have already been considered in Chapter XIV. Having regard to the distinction made in the new Act between a members’ voluntary winding up and a creditors’ voluntary winding-up (s. 230), it will no longer be safe to rely on a certified copy of a resolution effecting the appointment, and a statutory declaration by the liquidator that he has been duly appointed in the case of a members’ voluntary winding up pursuant to s. 232 of the Act and in the case of a creditors’ voluntary winding up, pursuant to 239 of the Act should be required. : The secretary of a company is more likely to be appointed liquidator in a members’ voluntary winding up than in a creditors’ voluntary winding up; but it is proposed to deal with the provisions applicable to both classes of voluntary winding up. Before doing so, however, it should be observed that under s. 156 the provisions of the Act with respect to winding up apply, unless the contrary appears, alike to winding up by the Court, winding up under supervision and voluntary winding up. In addition, therefore, to the pro- visions expressly made applicable to voluntary winding up the following portions of Part V of the Act apply :—ss. I 57-162 (which dealt with contributories and their liability) and such of the sections contained in the group headed ‘Provisions applicable to every mode of winding up,” “which includes ss. 261 to 305, as are not expressly made applicable exclusively to either or both of the other kinds of winding up. Moreover, under s. 252 the liquidator may apply to the Court 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. This section in effect makes applicable in a voluntary winding up the group of sections headed ‘ General Powers of Court in case of winding up by the Court,” which comprises ss. 202 to 22I. Ss. 200. 216 and 217, however, will not apply, s. 209 because

Access restriction

Copyright

fullscreen: Secretarial practice

Multivolume work

Volume

Chapter

Table of contents

Download

Monograph

Chapter

This page

Image fragment

Citation links

Citation recommendation