Companies. [Ch. 31. No. 1.

615

 

177. An application by a person claiming to be entitled to any money
paid into Court in pursuance of section 270 of the Ordinance shall be
made in such form and manner as the Official Receiver may from time
to time direct, and shall, unless the Official Receiver otherwise directs,
be accompanied by the certificate of the Liquidator that the person
claiming is entitled and such further evidence as the Official Receiver
may direct.

178. A Liquidator who requires to make payments out of money paid
into Court in pursuance of section 270 of the Ordinance, either by way of
distribution or in respect of the cost and expenses of the proceedings,
shall apply in such form and manner as the Official Receiver may direct,
and the Official Receiver may thereupon make an order for payment to
the Liquidator of the sum required by him for the purposes aforesaid.

Release of Liquidator in a winding up by the Court.

179. (1) A Liquidator in a winding up by the Court before making
application to the Official Receiver for his release, shall give notice of his
intention so to do to all the creditors who have proved their debts, and to
all the contributories, and shall send with the notice a summary of all
receipts and payments in the winding up.

(2) When the Official Receiver has granted to a Liquidator his
release, a notice of the order granting the release shall be gazetted. The
Liquidator shall provide the requisite fee for the Royal Gazette, which he
may charge against the company’s assets.

180. (1) The Official Receiver may order that the books and papers
of a company which has been wound up shall not be destroyed for such
period (not excceding five years from the dissolution of the company) as
the Official Receiver thinks proper.

(2) Any creditor or contributory may make representations to
the Official Receiver with regard to the destruction of such books and
papers and may appeal to the Court from any order made by the Official
Receiver under this rule.

(3) Subject to any order of the Court, the Official Receiver may
by a further order vary or rescind any order made by him under this rule,

(4) A resolution for the destruction of the books and papers of
such a company within the said period of five years or any shorter period
fixed by an order of the Official Receiver in force at the date of such
resolution shall not take effect until the expiration of such period of
five years or of such shorter period unless the Official Recciver shall
otherwise direct.

(5) At least one weck’s notice shall be given to the Official Receiver
of any application to the Court for an order for the destruction of the
books and papers of a company before the expiration of such period of
five years or shorter period.

Official Receiver.
181. The term “ Official Receiver ’’ means the Official Receiver attached
to the Court for bankruptcy purposes, and includes any Assistant Official
Receiver.

Application
for payment
out by per-
son entitled.

Application
by Liquida-
tor for pay-
ment out.

Proceedings
for release
of Liquida-
tor.

Forms 90, 91
and 92.

Form 95 (9).

Disposal of
books and
papers.

Official
Receiver,