Full text: Secretarial practice

256 SECRETARIAL PRACTICE 
Periodical 
Returns. 
shareholders ‘an account of his acts and dealings, and of the 
conduct of the winding up during the preceding year.” In the 
case of a creditors’ winding up an annual meeting of creditors 
must also be called for the same purpose (s. 244). Under 
Rule 125 (2) the liquidator in a creditors’ voluntary’ winding 
up may from time to time summon, hold and conduct meetings 
of creditors for the purpose of ascertaining their wishes in all 
matters relating to the winding up. In addition to the 
meetings already mentioned, which are summoned by the 
liquidator, the Court may, by virtue of ss. 288 and 252 of the 
Act, direct meetings of creditors or contributories to be sum- 
moned, with the object of ascertaining their wishes in any 
matter. Any resolution passed at any adjourned meeting is 
to be treated as having been passed on the date on which it 
was actually passed and not on the date of the original 
meeting [s. 287, and see p. 140]. The rules regulating the 
summoning and conduct of the above-mentioned creditors’ 
meetings are contained in Rules 126 to 143 of the Winding-up 
Rules of 1929, and provisions in regard to proxies at meetings 
of creditors in a creditors’ voluntary winding up are contained 
in Rules 144 to 154. 
The liquidator is bound, by s. 284, in all cases where the 
liquidation is not concluded within a year, to send periodical 
statements to the Registrar of Joint Stock Companies in 
the form presented by the Board of Trade. If, it appears, from 
any such statement or otherwise that the liquidator has in his 
hands or under his control any unclaimed or undistributed 
assets, which have remained unclaimed or undistributed for 
more than six months, he must pay the same forthwith into 
the companies liquidation account (s. 285). Directions as to 
the dates on which, and the method in which, that payment is 
to be made are contained in Rule 196 of the Companies (Wind- 
ing-up) Rules, 1929. By Rule 197 a liquidator is bound to 
furnish to the Board of Trade particulars of any money in his 
hands, or under his control, representing unclaimed or undis- 
tributed assets, and any other particulars which the Board of 
Trade may require for the purpose of ascertaining and getting 
in any money payable into the companies liquidation account. 
This rule applies whether the liquidation has been concluded 
or not. By Rule 198, the Board of Trade may order an 
account of the sums received and paid by the liquidator and 
may enforce an audit of the account. As to the investment 
at the request of the committee of inspection or liquidator of 
funds standing to the credit of a company in the companies 
liquidation account, see s. 302 and Rule 171 of the Companies 
(Winding-up) Rules 1929.
	        
Waiting...

Note to user

Dear user,

In response to current developments in the web technology used by the Goobi viewer, the software no longer supports your browser.

Please use one of the following browsers to display this page correctly.

Thank you.