Full text: Secretarial practice

HHH 
SECRETARIAL PRACTICE 
Committees of Inspection. 
Mogiings of a. 198.—(1) When a winding-up order has been made by the court 
contributories to in England, it shall be the business of the separate meetings of 
determine creditors and contributories summoned for the purpose of deter- 
mittee of inspec- Mining whether or not an application should be made to the court 
Lion hall pe for appointing a liquidator in place of the official receiver, to deter- 
’ mine further whether or not an application is to be made to the 
court for the appointment of a committee of inspection to act with 
the liquidator and who are to be members of the committee if 
appointed. 
(2) When a winding-up order has been made by the court in 
Scotland, the liquidator shall summon separate meetings of the 
creditors and contributories of the company for the purpose of deter- 
mining whether or not an application is to be made to the court for 
the appointment of a committee of inspection to act with the 
liquidator and who are to be the members of the committee if 
appointed: 
Provided that, where the winding-up order has been made on 
the ground that the company is unable to pay its debts, it shall not 
be necessary for the liquidator to summon a meeting of the contribu- 
tories. 
(3) The court may make any appointment and order required 
to give effect to any such determinatioii, and if there is a difference 
between the determinations of the meetings of the creditors and 
contributories in respect of the matters aforesaid the court shall 
decide the difference and make such order thereon as the court may 
think fit. 
Constitution and 199.—(1) A committee of inspection appointed in pursuance of 
proceedings of this Act shall consist of creditors and contributories of the company 
inspection. or persons holding general powers of attorney from creditors or 
contributories in such proportions as may be agreed on by the 
meetings of creditors and contributories, or as, in case of difference, 
may be determined by the court: 
Provided that, where in Scotland a winding-up order has been 
made on the ground that a company is unable to pay its debts, the 
committeé shall consist of creditors or persons holding general 
powers of attorney from creditors. 
(2) The committee shall meet at such times as they from time 
to time appoint, and, failing such appointment, at least once a 
month, and the liquidator or any member of the committee may 
also call a meeting of the committee as and when he thinks necessary. 
(3) The committee may act by a majority of their members 
present at a meeting, but shall not act unless a majority of the 
committee are present. 
(4) A member of the committee may resign by notice in writing 
signed by him and delivered to the liquidator. 
(5) If a member of the committee becomes bankrupt, or com- 
pounds or arranges with his creditors, or is absent from five con-
	        
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