Francis Beaufort Palmer.

Company precedents for use in relation to companies subject to the Companies acts, 1862 to 1890 ... (Volume 2) online

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No. 62. — Notice to be served with the order sanctioning a call. [Form 533.]

No. 63. — Affidavit in support of application for order for payment of call due
from contributories. [Form 535.]

No. 61. — Order for payment of call due from a contributory. [Form 537.]

No. 65. — Affidavit of service of order for payment of call. [Form 543.]

No. 66. — Proof of debt [yencralfurm).

[Amuiilcd hj R. 36 of April, 1892, Form 12 thereof hcin(j suhalUutcd.)
[Form 157.]

No. 67.— Proof of debt of workmen. [Form 411.]

No. 68. — Notice of rejection of proof of debt. [Form 414.]

No. 69. — Notice to creditors of intention to declare dividend. [Form 436.]

No. 70. — Notice to persons claiming to be creditors of intention to declare final
dividend. [Form 442.]

No. 71. — Statement to accompany notice of application for release. [Form 697.]

No. 72.— Notice of dividend. [Form 439.]

No. 73. — General proxy. [Form 158 (substituted by Board of Trade Order of
8th January, 1892).]

No. 74. — Special proxy. [Form 159.]

No. 75. — Liquidator's statement of account. [See now Forms 219, 220. Form
75 of 1890 was annulled by R. 8 of April, 1891. The form substituted by those
rules was annulled by Board of Trade Order of 8th January, 1892, and the present
form was thereby substituted.]

No. 75a. — Affidavit verifying liquidator's statement of account. [Form 224,
added by Rules of AprU, 1891.]

No. 75b. — Liquidator's trading account. [Foi-m 221, added by Rules of April,
1891.]

No. 75c. — List of dividends or composition. [Form 222, added by Rules of
AprU, 1891.]

No. 75d. — List of amoimts paid or payable to contributories. [Form 223, added
by Rules of April, 1891.]

No. 76. — Certificate by committee of inspection as to audit of liquidator's
accounts. [Form 210.]

No. 77. — Affidavit verifying liquidator's account. [Form 216 (substituted by
Board of Trade Order of 2(3th June, 1895).]

No. 78. — Notice to creditors and contributories of intention to apply for release.
[Form 696.]

No. 79. — Application by liquidator to Board of Trade for release. [Form 699.]

No. 80. — Liquidator's trading account. [Form 211.]

No. 81. — Affidavit verifying liquidator's trading account. [Form 212.]

No. 82. — Affidavit verifying account of unclaimed and undistributed funds.
[Form 227.]

No. 83. — Request by committee of inspection to Board of Trade to sell securities.
[Form 250.]

No. 84. — Certificate and request by committee of inspection as to investment of
funds. [Form 249.]

No. 85. — Affidavit by special manager verifying account. [Form 99.]

No. 86. — Notices for Zondon Gazette. [New form substituted by Board of Trade
Order, 13th February, 1891. Form 15.]

No. 87. — Memorandum of advertisement or gazetting. [Form 16.]

No. 88. — Register of winding-up orders to be kept in the Courts. [Form 8.]

No. 89. — Register of petitions to be kept in the Courts. [Form 7.]



894 Appendix B.



Nov. 29, 1890— OEDEE VESTING JUEISDICTION IN
CHANCEEY JUDGES.

OEDER OF THE LORD CHANCELLOR UNDER SECTION TWO OF
THE COMPANIES (WINDING-UP) ACT, 1890.

I, the Right Honourable HardiDge Stanley, Baron Halsbury, Lord High Chan-
cellor of Great Britain, do hpreby, by virtue of the powers vested in me by section
two of the Companies (Winding-up) Act, 1890, and all other powers enabling me in
^ • that behalf, order that on and after the 1st day of January, 1891, the jurisdiction

P* of the High Court under the Companies (Winding-up) Act, 1890, shall until further

order be exercised by the judges of the Chancery Division to whom for the time
being chambers are attached, and such judges shall on and after the day aforesaid
and until further order be the judges of the High Court assigned for the purpose of
that jurisdiction pursuant to the Companies (Winding-up) Act, 1890.

The 29th day of November, 1890. (Signed) Halsbuet, C.

ISee order of 26th March, 1892.]



Nov. 29, 1890.— OEDEE OF LOED CHANCELLOE

EXCLUDING CERTAIN COUNTY COURTS.

I, the Right Honourable Hardinge Stanley, Baron Halsbury, Lord High Chan-
cellor of Great Britain, do hereby, by virtue of the power vested in me by section
p. 17 one of the Companies (Winding-up) Act, 1890, and all other powers enabling me

in that behalf, order that a County Coiirt which at the time of the coming into
operation of the Companies (Winding-up) Act, 1890, is excluded from having juris-
diction in bankruptcy shall be excluded from having jurisdiction under the Com-
panies (Winding-up) Act, 1890, until fiirther order, and the distiict of any such
County Court shall for the purposes of jurisdiction under the Companies (Winding-
up) Act, 1890, be attached until further order to the Court to which that district
is attached at the time of the coming into operation of this Act for the purposes of
jurisdiction in bankrui^tcy.

The 29th day of November, 1890.

(Signed) Halsbury, C.

[_And see order of October 6th, 1893.]



Dec. 31, 1890.— PEELIMINAEY NOTICE as to Unclaimed

OR UNDISTRUiUTEI) AsSETS.

Wherpas it is provided by section 1 5 of the said Act that any liquidator of a com-
pany (wlicthcr wound u]) Ijy the Court, or under the supervision of the Court, or
voluntarily) w)in lias in his liaiids or under his control any money representing un-
claimed or undistributed assets of a company which have i-cmaiued unclaimed or



Rules and Orderi^. Order, December, 1890 895

undistributed for six months after the date of their receipt shall forthwith pay the
same to the Companies Liquidation Account at the Bank of En<j-laad.

And whereas it is further provided tliat, for the purpose of ascertaining' and get-
ting' in any money payable into the Bank of Eiig-Iaiid in pursuance of that section,
the like powers may be exercised and by the like authority as are exeruiseable under
section 162 of the Bankruptcy Act, 1883, for the purpose of ascertainiug and getting
in the sums, funds, and dividends referred to in that section.

And whereas it is provided by the said section IC2 of the Bankruptcy Act, 1883,
that the Board of Trade may at any time order any trustee or other person era-
powered to collect, receive, or distribute any funds or dividends under any or cither
of the Ac;ts of Pai'liament specified in the fourth schedule to that Act to submit to
them an account verified by affidavit of the sums received and paid, and may direct
and enforce an audit of the account.

And whereas the Board of Trade have opened an account at the Bank of Eng-
land, above referred to as the Companies Licpiidation Account.

Notice is hereby given to any and every liquidator of a company forthwith to pay
to the said account the money in tlieir hands, or under their control, obtaining in
the first instance a receivable order from the Boar.l of Trade, and that upon such
payment the Board of Trade will furnish to such liquidators a certificate of receipt
of the money so paid, which shall be an effectual discharge in respect thereof.

M. E. Hicks- Beach,
President of the Board of Trade.

Dated tliis 31st day of December, 1890.



Dec. 31, 1890.— OEDEE, OF BOAED OF TEADE as to

Statements by Liquidators in pending Liquidations to

THE EeGISTRAR OF JoiNT StOCK COMPANIES.

GENERAL ORDER BY THE BOARD OF TRADE (UNDER RULE 175
OF THE COMPANIES (WINDING-UP) RULES, 1890).

It is hereby ordered by the Board of Trade as follows in regard to the matters
referred to in section lo of the Companies ( \Yinding-up) Act, 1890, and Rules 12(5
and 127 of the Companies (Winding-up) Rules, 1890.

The statement of account required by sub-section 1 of section 15 of the Act and Transmission
by Rule 127 to be transmitted in duplicate to the Registrar of Joint Stock Com- of accounts,
panics shall be in the Form No. 1 annexed hereto with such variations as circum- (^^^ ;;^,,- Forms
stances may require, and shall be on sheets 13 inches by IG inches, and shall be 219, 220, 224.)
verified by an affidavit in the Form No. 2 annexed hereto.

The statement shall contain a detailed statement of all the liquidator's receipts Receipts and
and payments on account of the company, but bank transactions as between the payments,
liquidator and the bank, and payments or receipts on account of investments made
by or on behalf of the liquidator, should be inserted in the columns provided
for that purpose, and not in the columns for "other receipts and payments."
Each receipt and payment must be entered in the account in such a manner as
sufficiently to explain its nature. The receipts and payments should severally be
added tip at tlie foot of each sheet, and the totals carried forward to the next sheet,
•without any intermediate balance, so that the gross totals shall represent the total
amounts received and paid by the liquidator respectively.

When the liquidator carries on a business, a trading account must be forwarded Trading
as a distinct account, and the totals of receipts and payments on the trading account account,
must alone be set out in the statement. The trading account shall be in the Form [See note Form
No. 3 annexed hereto, shall be on sheets 13 inches by 16 inches, and shall be sent 219, par. 3, and
in duplicate. Form 221.)

Petty expenses must be entered in the statement or trading account in sufficient Petty
detail to show that no estimated charges are made. expenses.

Where property has been realized, the gross proceeds of sale must be entered -d i- . •
under receipts in the statement, and the necessary disbursements and charges , ^ j. . n\'n
incidental to sales must be entered as payments. )■ n \ '



896



Appendix B.



Dividends,
&c.

{See Form 219,
par. 4.)
(Now Forms
222, 223.)



Affidavit of
no receipts or
payments.
{See now Form
2240



Where dividends or instalments of composition are paid to creditors or a return
of surplus assets is made to coutributories, the total amount of each dividend or
instalment of composition or payment to a contributory must be entered in the
liquidator's statement as one sum, and the liquidator must forward with his state-
ment separate accounts in duplicate, in the Forms Nos. 4 and 5 annexed hereto,
showing the amount of the claim and the amount of dividend or composition pay-
able to each creditor or contributory, distinguishing in such list the dividends or
instalments of composition paid and those remaining unclaimed. Such list shall be
on sheets 13 inches by 8 inches.

Where a liquidator has not dviring the period comprised in the account received
or paid any money on account of the company, he shall, at the period when he is
required to transmit his statement to the registrar of Joint Stock Companies,
forward to the registrar an affidavit of no receipts or payments in the Form No. 2
annexed hereto.

(Signed) M. E. Hicks-Beach,

President of the Board of Trade.

Dated the 31st December, 1890.

\^Form 1 annexed was almost identical with Form 75 of 1890, for ivhich Form
220 has now been substituted.

Form 2 was the affidavit of verification, for which Form 224 (75a of April,
1891) has been substituted.

Form 3 teas the liquidator' s trading account, for which Form 221 (755 of April,
1891) has been substituted.

Form 4, list of dividends, ^-c. — See now Form 222 (75c of April, 1891).

For>n 5, list of amounts paid, ^-c. to contributories. — See now Form 223 [Ibd of
April, 1891).]



Jan. 1, 1891.— OEDER OF BOARD OF TRADE notifying
Appointment of Inspector-Gteneral in Companies Liqui-
dation,

COMPANIES (WINDING-UP) ACT, 1890.

By virtue of the powers conferred upon them by sect. 27 of the Companies
(Winding-up) Act, 1890, the Board of Trade, with the concurrence of the Treasury,
have assigned the matters arising in the execution of the said Act by the Board of
Trade to the Bankruptcy Department of the said Board, and have appointed
Mr. John Smith, the Inspector- General in Bankruptcy, to be Inspector- General in
Companies Liquidation. The duties of the Inspector- General in Companies Liqui-
dation will include the general dii'ection of the said department as regards the said
matters so assigned to it, under the control of the Board of Trade, and he will also
be liable to discharge any other duties connected with companies liquidation which
the Board of Trade may from time to time assign to him.

The official receivers throughout the country are to report to and correspond with
the inspector-general.

M. E. Hicks -Beach,

Dated this Ist day of January, 1891. President of the Board of Trade.



Jan. 1, 1891.— ORDER OF BOARD OF TRADE notifying
Appointment of Official Receivers.



COMPANIES (WINDING-UP) ACT, 1890.

The Board of Trade, with the concurrence of the Treasury, have ordered the ap-
pointment of an additional official receiver to be attached to the High Court.

Mr. Charles Jolin Stewart lias been apjiointcd by the Board of Trade, as from



EuLEs AND Orders. Order February, 1891

this date, to be the official receiver attached to the High Court for all the purposes
of the Companies (Wiiiding - up) Act, 1890.

Mr. Christopher Jenkins Dibb has been appointed to be the official receiver
attached to the Chancery Court of the county palatine of Lancaster, for all the pur-
poses of the said Act.

Mr. Frank Lowson Clark, the official receiver attached to the County Court of
Northumberland, holden at Newcastle-upon-Tyne, has been so appointed to be
the official receiver attached to the Chancery Court of the county palatine of Dur-
ham, for all the ])urposes of the said Act.

Mr. Frederick Marshall, the nv^istrar of the Stannaries Court, has been appointed
to be the official receiver attached to the Stannaries Court, for all the purposes of
the said Act.

In the County Courts named in the first column of the following Schedule, being
the County Courts to which more than one official receiver is attached, the official
receivers named in the second column of the said Schedule have been so appointed
to be the respective official receivers attached to the respective Courts for all the
purposes of the said Act : —

The Schedule Repeeeed to.



897



No.


County.


Coui-t.


Name of Official Eeceiver.


1
2
3


Bedford

Bedford

Northampton..

Essex

Suffolk

Suffolk

Sussex

Sussex

Sussex


Bedford

Luton

Northampton


Mr. Cecil Mercer.


4
5
6

7
8


Colchester

Ipswich

Bury St. Edmunds

Brighton

Hastings


Mr. Alexander Mackintosh.


9


Lewes and Eastbourne ....


)>



In all the other County Courts to which jurisdiction under the said Act, and the
Orders made thereunder, has been given by and in pursuance of the said Act, the
respective official receivers attached to such Courts respectively shall, in pursuance
of sect. 4 (2) of the said Act, be the respective official receivers attached to the said
Courts respectively for all the purposes of the said Act.

M. E. Hicks-Beach,
President of the Board of Trade.
Dated this 1st day of January, 1891.

l_Sce list of official receivers in App. i).]



Feb. 13, 1891— ORDER OF BOARD OF TRADE
AS TO Forms of Gtazette Notices.



COMPANIES (WINDING-UP) ACT, 1890.

Pursuant to Rule 3, Clause 2, of "The Companies "Winding-up Rules, 1890,"
the Board of Trade hereby direct that the use of the Forms of Notices for London
Gazette numbered 86 in the Appendix to the said Rules be discontinued, and that
the Forms hereto annexed be substituted therefor, and that the said substituted
Forms be known as Forms No. 86 in the said Aj)peudix, and used accordingly.

M. E. Hicks-Bkach,
President of the Board of Trade.
Dated this 13th day of February, 1891.



[See Forms 15, 77, 183, 435, 437, 608, 701.]
V.



3m



898



Appendix B.



THE COMPANIES WINDINa-UP EULES, April, 1891.

GENERAL EULES MADE PURSUANT TO SECTION 26 OF THE
COMPANIES (WINDING-UP) ACT, 1890.



Times at
"which liqui-
dators state-
ments are to
be sent,
p. 245



Regulations
as to state-
ments,
p. 245



Liquidations
commence I
before April
1st, 1890.
p. 246



Affidavit of
no receipts or
paym(;ntH.
p. 246



Statements by Liquidators to the Eegistrae of Joint Stock
Companies under Section 15 of the Companies (Winding-
up) Act, 1890.

1. [127.] The statements with respect to the proceedings in and position of a
liquidation of a company, the winding-up of which is not concluded within a year
after its commencement, shall be sent twice in every year as follows : —

(1.) Where the winding-up commenced on or before the 1st day of April, 1890,
and was not concluded before the 1st day of April, 1891, the first statement,
brought down to the Slst day of March, 1891, shall be sent within 30 days
from the 1st day of May, 1891, or within such extended period as the
Board of Trade, or (where the winding-up is by or subject to the super-
vision of the Court) as the judge may in any particular case sanction, and
the next statement, brought down to the 30th day of September, 1891,
shall be sent within 30 days from that date.

(2.) Where the winding-up did not commence on or before the first day of April,
1890, the first statement, commencing at the date when a liquidator was
first appointed and brought down to the end of 12 months from the com-
mencement of the winding-up, shall be sent within 30 days from the
expiration of such 12 months, or within such extended period as the Board
of Trade may sanction.

(3.) The subsequent statements shall be sent at intervals of half a year, each,
statement being brought down to the end of the half year for which it la
sent.

2. [127a.] — (1.) Subject to the next succeeding Rule, Form No. 75, with such
variations as circumstances may require, shall be used, and the directions specified
in the Form shall (unless the Board of Trade otherwise direct) be observed in refer-
ence to every statement.

{Another Furiii teas substituted by B. T. 0., January 8th, 1892, See Forms
219, 220.)

(2.) Every statement shall be sent in duplicate, and shall be verified by an
affidavit in the Form No. 75a, with such variations as circumstances may require.

3. [127b.] Where the winding-up commenced on or before the first day of April,
1890, and was not concluded before the first day of April, 1891 —

(1.) The first statement shall, unless the Board of Trade, on the application of
the liquidator, otherwise direct, commence at the date when a liquidator
was first appointed.

(2.) In any wiuding-up in which the accounts of the liquidator have been passed
in the chambers of a judge of the Chancery Division of the High Court
prior to the first day of January, 1<S91, and in any case in which it shall
apjicar to the Board of Trade inexpedient to require a detailed statement of
all tin; licpiidator's receipts and payments on account of the company, the
Htatenient may bo sent in the form of such a summary of the liquidator's
accounts as the Board of Trade shall ajiprove.

4. [127c.] AVliere a liquidator has not during any period for which a statement
has to bo HCTit received or paid any money on account of the company, he shall at
the period wlien he is required to transmit his .statement, send to the Registrar of
Joint Stock Companies an affidavit of no I'ccciiits or payments in the Form No. 76a.



Companies Windino-up Rules, 1891. Rules April, 1891 899

Unclaimed Funds and Undisteibtjted Assets in the hands of the Liquidatoe.

5. [127d.]— (1.) All monoj in the hands or under the control of a liquidator of a Payment of
company representing imclainied dividends, which for six months from the date undistributed
when the dividend became payable have I'omained in the hands or under the control and unclaimed
of the licpiidator, shall forthwith, ou the expiration of the six mouths, be paid into money into
the companies liquidation account. Companies

(2.) All other money in the hands or under the control of a liquidator of a com- Liquidation
pany, representing' unclaimed or undistributed assets, wliich under sub-section 3 of Account,
section 15 of the Companies (Winding-up) Act, 1890, the liquidator is to pay into p. 246
the companies liquidation account, shall be ascertained as on the date to which the
statement of receipts and payments sent in to the Registrar of Joint Stock Com-
panies is brought down, and the amount to be paid to the companies liquidation
account shall be the minimum balance of such money which the liquidator has had
in his hands or under his control during the six months immediately preceding the
date to which the statement is brought down, less such pai't (if any) thereof as the
Board of Trade may authorize him to retain for the immediate purposes of the
liquidation. Such amount shall be paid in to the companies liquidation account
within fourteen days from the date to which the statement of account is brought
down.

6. [132a.] Where the liquidator requires to make payments out of money paid Application
into the Bank of England, in pursuance of section 15 of the Companies (Winding- by liquidator
up) Act, 1890, either by way of distribution or in respect of the costs and expenses for money to
of the proceedings, he shall apply in such form and manner as the Board of Trade be paid out.
may direct, and the Board of Trade may thereupon either make an order for the pp. 248, 263
payment out to him of the sum required to make such payments, or may direct

cheques to be issued to him for transmission to the persons to whom the payments
are to be made.

7. [130a.] Every application by the Board of Trade for the purpose of ascer- Applications
taining and getting in money payable into the Bank of England pursuant to to the Court
section 15 of the Companies (Winding-up) Act, 1890— for enforcing

(a) Where the ivindhiri-iip is by or unhjrct to the supervision of the High Court, shall accounts and

be made to and dealt tvit'h by tliejiidije to irhom the iviiidiiig-ttp is assigned, upon getting in
motion in accordance with the practice of the Chancery Division of the High money.
Court relating to motions ; P- 247

{Far. {a) is annulled "as to tvinding-up in the High Court, to which these
rules ap2)lg,^'' by It. 34 of April, 1892, li. 16 being substituted.)

(b) Where the ivinding-up is in (he Stannaries Court, shall be made ujjon motion before

the Vice- Warden ;

{As to par. [b), see Stannaries Court {Abolition) Act, 1896, and order and
rules thereunder.)

(c) Where the winding-up is in a Palatine Court or a County Court, shall be

made to that Court ;

(d) In other cases, shall be made to the judge of the High Court who for the

time being exercises the jurisdiction of the High Court in Bankruptcy, and
in accordance with the practice which is observed in reference to api^lica-
tions by the Board of Trade under section 162 of the Bankrui^tcy Act,
1883.

8. Rules 127 and 130, and Form No. 75 of the Companies (Winding-up) Rules, Repeal.
1890, are annulled as from the date on which these rules come into operation. p. 247

9. These Rules shall come into operation on the thirty-first day of May, 1891. Commence-
They shall be construed with and deemed to form part of the Companies (Winding- ment, con-
up) Rules, 1890, and each of these Rules may be cited with reference to those Rules struction, and
by the number in square brackets set against the Rule at the commencement thereof, citation.

The forms annexed to these Rules shall be deemed to form part of the forms annexed p_ 247
to the Companies (Winding-up) Rules, 1890, and each of the forms annexed to
these Rules may be cited with reference to the forms annexed to the Companies
(Winding-up) Rules, 1890, by the number placed at the head of the form.

(Signed) Haisbuey, C.
I concur.

M. E. Hicks-Beach,

President of the Board of Trade.
Dated the Thirtieth day of April, 1891.

3 m2



900 Appendix B.

FORMS.

No. 75. — Form of statement of receipts and payments, and general directions as
to statements. [See now Forms 219, 220, substituted by B. T. Order of 8th
January, 1892, for Form 75 of April, 1891, wbicli replaced Form 75 of 1890.]

No. 75a. — Affidavit verifying liquidator's statement of account. [Form 224,]

No. 75b. — Liquidator's trading account. [Form 221.]

No. 75c. — List of dividends or composition. [Form 222,]

No. 75d. — List of amounts paid or payable to contributories. [Form 223.]



901



June 10, 1891— TEEASUEY EEGULATION

AS TO EeMISSIOX OF FeES.

We, the undersigned, being two of the CommisRioners of Her Majesty's Treasury, p. 577
do hereby direct, in pursuance of the provisions of section 31 of the Revenue Act,
1889, that any fee payable iinder the Scale of Fees made in pursuance of section 26,
sub-section (4), of the Companies (Winding-up) Act, 1890, which would, if levied,



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