Full text: Secretarial practice

568 
SECRETARIAL PRACTICE 
(2) In settling the list of contributories, the court shall dis- 
tinguish between persons who are contributories in their own right 
and persons who are contributories as being representatives of or 
liable for the debts of others. 
Delivery of 
property to 
liquidator. 
Payment of 
debts due by 
contributory to 
company and 
extent to which 
set-off allowed. 
Power of court 
to make calls. 
204. The court may, at any time after making a winding-up order, 
require any contributory for the time being on the list of contribu- 
tories, and any trustee, receiver, banker, agent or officer of the 
company to pay, deliver, convey, surrender, or transfer forthwith, 
or within such time as the court directs, to the liquidator any money, 
property, or books and papers in his hands to which the company is 
primé facie entitled. 
205.—(1) The court may, at any time after making a winding-up 
order, make an order on any contributory for the time being on the 
list of contributories to pay, in manner directed by the order, any 
money due from him or from the estate of the person whom he 
represents to the company, exclusive of any money payable by him 
or the estate by virtue of any call in pursuance of this Act. 
(2) The court in making such an order may— 
(a) in the case of an unlimited company, allow to the con- 
tributory by way of set-off any money due to him or to 
the estate which he represents from the company on any 
independent dealing or contract with the company, but 
not any money due to him as a member of the company 
in respect of any dividend or profit; and 
in the case of a limited company, make to any director 
or manager whose liability is unlimited or to his estate 
the like allowance. 
(3) In the case of any company, whether limited or unlimited, 
when all the creditors are paid in full, any money due on any account 
whatever to a contributory from the company may be allowed to 
him bv wav of set-off against anv subsequent call. 
(b) 
206.—(1) The court may, at any time after making a winding-up 
order, and either before or after it has ascertained the sufficiency of 
the assets of the company, make calls on all or any of the contri- 
butories for the time being settled on the list of the contributories to 
the extent of their liability, for payment of any money which the 
court considers necessary to satisfy the debts and liabilities of the 
company, and the costs, charges, and expenses of winding up, and 
for the adjustment of the rights of the contributories among them- 
selves, and make an order for payment of any calls so'made. 
(2) In making a call the court may take into consideration the 
probability that some of the contributories may partly or wholly 
fail to pay the call. 
Payrient into 207.—(1) The court may order any contributory, purchaser or 
Sue to company, Other person from whom money is due to the company to pay the 
amount due into the Bank of England or any branch thereof to the
	        
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