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.