Full text: Secretarial practice

236 
SECRETARIAL PRACTICE 
with express sanction. The sanction required is that of the 
committee of inspection, or if there be no committee, that of 
the creditors instead of the sanction of the company in 
general meeting or the liquidator [s. 241 (2)]. 
Committee of A committee of inspection can be appointed either at the 
Sapesiion In creditors’ meeting convened pursuant to s. 238, or at any 
reditors’ . . : X 
Winding Up. Subsequent meeting of the creditors. If the creditors appoint 
a committee of inspection, the company may appoint not 
more than five persons to act as members of such com- 
mittee, either at the meeting at which the resolution for 
winding up is passed, or at any subsequent general meeting; 
but the creditors may resolve that all or any of the members 
of the committee appointed by the company ought not to be 
members thereof, and if the creditors do so resolve, the persons 
mentioned in the resolution will, unless the Court otherwise 
directs, be disqualified from acting as members of the com- 
mittee [s. 240]. It is possible that a member thus dis- 
qualified can be replaced by another representative under the 
provisions of s. 199 (see below); but it is doubtful whether this 
is so, as the section enables the Court on any application under 
the section itself to appoint other persons to act as members 
of the committee in place of the disqualified members. 
Subject as above and subject to the Winding-up Rules, 
the provisions of ss. 19g (except sub s. (1)) and 201 of the 
Act (which sections deal with committees of inspection 
in a winding up by the Court) apply to a committee of 
inspection appointed in a voluntary winding up. Under 
these sections the Committee will meet at such times as they 
from time to time appoint, and, failing such appointment, 
must meet at least once a month. The liquidator, or any 
member of the committee can at any time call a special 
meeting. The Committee act by a majority, but a majority 
must be present to constitute a quorum. Any member of the 
Committee may resign, and he will automatically vacate office 
if he becomes bankrupt, makes an arrangement with his 
creditors or is absent from five consecutive meetings without 
the leave of those members of the committee, who, together 
with himself, represent the creditors or contributories. A 
creditors’ representative may be removed by a meeting of the 
creditors and a company’s representative by an extraordinary 
resolution of the company in general meeting. Any vacancy 
among the creditors’ representatives can be filled by the 
creditors, and any vacancy among the company’s representa- 
tives can be filled by the company in general meeting; and it 
is the duty of the liquidator forthwith to convene the necessary 
meeting on a vacancy occurring. If the committee falls
	        
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