NG Government Gazette Supplement Dated 1983 09 13 No 47 Part B
NG Government Gazette Supplement Dated 1983 09 13 No 47 Part B
#Notiéeeile
of on dent
° e Notesof
ex be filed, i
oY Nasotes byor.natdeine directors, ‘officers and promoter,
tice of epplieatons a
e Batosp ho
pplication. vary guegd
Use
bofdepononstaken a publikandi’i fee° u noe
ie
& 2
Comdial of contemacious witness, ces dit wif
iy. Dene
Depositions of private examinations, idstey Og
yang
ofdisclaimed roperty. * woe
bo. Report by Official Receiver or agrangement and compromises,
ag
61. Co ection and distribution of cothaptiy’s aséets by”ace “
62. Power of Liquidator to require delivery of property. :
63. Liquidatorto settle list of contributories, ne
64. Appointmentoftimeand placeforsettlementoffist, nee ume
65 Settlement of list of contributories, ae
‘ ne ‘
€
67,
7. Applica
plication to courtto vary the list an
n of or addition to list of contribut
ories, dhe
69. Callsby Liquidator. mee
70, Application to the court for leave to make a call,; og
71. Document making the call, ° ee re
72. Service of notice ofacall, =, cog atin
93. Enforcementofcalf." LEyh be hos:
4 74+ Proof of debt. ey oe
“yi, 75. Mode ofproof. tebe tee
75, ‘Contents
Yerificationo
5 f
fprot os Poo sc!
ptoot
A ; te a a s | er
of “4
ay ;
a
. Statement, securityeo, si : .
“ag.
9. Proo
Pro fBefat
orem
s onyevioril, a :
&1. part
of ao. ot
Bh eona!vl 4 ak ent eke ag ‘
83, Interest, n tbe Ye
84, Prooffor debt’payitble at'dfuture time, "7 Pa
85. Where formal proof of debts not required, wo
86. Workmen’s wages,
87. Production ofbills of exchange andpromisory notes, on
88, Transmission of applesmaa : a
89, Notice tocreditors to,prov So Be
90. Examinationofproof.’ ° tie a
91, Appeal by creditor, - tay
92, Expunging at instance of liquidator, ., ma
93, Orta instance of creditor, te aay
, 94, Oaths, vee gn paca to eon
96. Fili poolsby TReceiver, _ ro
97, Proofsto be filed. Zz —
98, Procedure where creditor ap a 7
100. Time for dasa coeiere vad
101. Costs of appealf omdecisions as D proc. . , : aes
Companies Winding Up Rules B32
mnane
ee Dividend tojexeditors, , - 7 r
to contsibutories, ooeb, ew rT e)
104, Pietmeetingof creditors and contributories, eb el ae ,
105, ec Farre 0the Minitsy.bon ok,
106, Summoning of first meetings, 4 mS
107, Form of notices of first mectings,, fe Set og
108, Notes offat menting ooo of compaiy. poo,
09, Summary of statementof affairs, . oy
110, -Liquidator’s meetings of creditors.and poatrbatris
a; j
itt. Application of rulesas to meetings.
us, Evidence dopatchoso ofmeting er
» Costs 0: callingmeetin a
116; Chairman ofmeeting. . 28
117, Ordinary resolution of creditors and contributories.
118. Copy resolution tobefiled. " ,
en‘Noner
e eceptionofnotice by a.creditor,
, ae,
121. Adjournmen ee Rye, ne
122, Creditors entitledto vote, 5 Bae pt.
1235Gasesinwhich creditorsmay not vote, ‘
124, Votes ofsecured creditors, . be. a .
125. Creditor requiredto give upsecurity. .
126, Admission and rejection of Proafs forr Purpose.ofvoting
127, Statementof security.
128, Minutes of meetings,
129, Proxies, oe, .
130. Form of proxies. tat ae
i Form
ofpostb enihny, yar
' al proxies .
133, Special proxies, _
134, Solicitation liquidator to obtain proxies, -
135. Proxies to Receiver or Liquidator,
136. Holder ofamy not to vote on matters in which he isj financial
intereste
.
137, Proxies,
138, Useof proxies by deputy.
a Proxy of blind,oo
etc, creditor to comply with CAP, 83, ~
Attendance at roceedings
i Attendance ofiquidstor 8 solicitor.
2, Remuneration liquidator,
48, Limit of ation
ofgu
144, Dealings with assets, —
145, Restriction ona purchase of goodsby liquidator,
146. Committee of nspection not to make profit
147. Costs of obtaining sanction of court,
148, Sanction of payments to Committee,
149, Discharge of costs before assets handed to liquidator,
150.. Resignation
atin ofliq
quidator, by insafy
Offi
of tor vaca’ nso.
152, Withdcawalfew account. mney
153. Special bank account. = - 4
154, Keeping of Record Book.
oo
B33000COtC Companies Winding Up Rules || ;
155. Cash book. "
156. Investment of assets in securities and realisation of securities,
157, Audit of cash book. ;
158, Ministry audit Of liquidstor’saccounts,
159. Liquidator on business,
160. Cant of sccouts be filed,
161, Summary of accounts,
162, Affidavit of no receipts or payments,
163. Proceedings onresignation and company of liquidatordisposal ofBooks,
- 164. Expenses of sales,
. 165. Form of Final Account,
166. Liquidator’s charges,
-167, Costs payable cuoftheset,
168, Conclusion of
169, Tiknesfos sending liguidator’s statements and regulations applicable
CFCtO,
10, sien of no rece)
171, P, undistbted
of andtn
and Minchsimed money in Companies Liqui-
172, faa
Acct
to furnish information to the Ministry,
173, The Ministry may call for verified account, -
174, Applicationtothe court og peroetd aiaccount and getting in money,
' 175. Application for
196. Abe pplication
177, Proceedings or selease ofill of liquidator,
178, Dis of books and papers,
1. wheDuy re aon poe oS
Official Receiver..
ist Power offear to extend or abridge time,
182, Defects and irregularity not to invalid Defect of sppoitment
“183, fPplicationo
off court’s (Civil Procedure) Rules,
a terpretation
Companies Winding Up Rules B331
APPENDIX
vn *> FORMS
Form Page.
1° orm of summons (General gee ae +e ene B87
2. Petition .. oe oe -- B 387
_ 3.° Petition by unpaid creditoron simple contract». |. -s. B 388
4, Petition by minority Shareholder . ewe .. B 388
_ 5. - Affidavit of service of petition on Members, Officers or"Servants B 389
6. Affidavit of servicepettion on Liquidator | oe oe -- B 390
7. Affidavit veri . oe .. B39
8. Affidavit veri Petition ofa Limited Company -- «+ B39
9, Advertisoanteof petition... .. -- « BZN
10. Advertisement ofpetition by minority Shareholder |. -- B 391 -
11... Order appointing a Provisional Liquidator after presentationof
"__ petition and before order to wind-up so ae we B 39Z
12, Notice of intention to appear on petition =... .. .. B393
13. List of parties attending the hearing of a petition . -- B 393
14, : Notificationto Official Receive
bengo
r of etoOrder
f -- B 3%
15, Notificationto Official Receiver of order pronounced for.
+, SppointméntofProvisional elitoe priorto” Winding-Up 398
‘16. “Order‘for ‘winding-up the Court . oe . oe -- B395
17." Order for Wwinding-up» subject to supervision oe ee B 395°
18." “Affidavit by
Y Special Manager verifying account .. ee «+ B 3%
19...- Statementof - « B3%
Report of result of meeting‘of creditors orcontributoric -- B 397
a er appointing Liquidator _.. . -» B38
22, - Advertisement of appointment of Li idator |. -- B 398
23. Certificate that‘Liquidator or SpecialManager has given
security ..
oes38 S888
contributories. .
34. ‘Notice to contributory offinal settlementof list of contributo-
ries and that his.nameisincluded - .. o
7se
Validity of
Servis, 43; Noservice shall be deémed invalid by reason that the
name, orany of the names other than the surname of the
person to be setved, has been omitted from the document
containing the person’s name, provided that the Court is
- foste,
satisfied that in other
‘ respects, the service of the document
:
- . Companies Winding Up Rules B 337
oF ProvisionalLiquidator |
Provisional 21.—(1) Afterthe tytheCont ofapetitionforthewinding
up of 2 Com witory,
oroftheCo theappli
m eation of
Form 1, creditor, or of a bute and upon _
proof by affidavit of sufficientaround for the spr
paiement of a
rovisienal Eguicion Ceeae Appointinenm such
terms as inthe opinion of the Court shall bejust and necessary, ,
may make the appointment. oO
(2) The order a ing the Provisional Liquidator shall
_ bear the numberof the petition, and shall statet nature and -
a shott description of the property of which the Provisional
iquidator has performedany other duty
wreiescribed by these
Rules the Provisional Li widator shall pay Official Receiver
‘such sum, if any, as the Courtdirects,
Companies Winding Up Rules B 339.
it
aE
petition was given by the Court, the petitioner, or his solicitor
shall, on the next adjourned date, satisfy the Court that the |
petition has been duly advertised, that the prescribed affidavit
_ verifying the statements thereinandthe affidavit of service (if
any),have been duly complied with bythepetitioner, No order
(other than the one already madeinrespect of advertising the
' petition) shall be made on thepetition of any petitioner who - ~
has not, prior to the hearing of the petition, satisfied the court
in mannerrequired by this Rule.
.. 23,—(1) Every person whointends to appear on the hearing Notice by
of apetitionshall giveto the petitioner, notice of his intention persons
Considera-
tion of
44, The consideration of a report made bythe Official
Receiver pursuant to subsection 2 of section 222 of the
Act
shall be before the Judge in Court of in Chambers, and
‘the Official Receiver shal personally or by counsel, attend the
consideration of the report and give the Court any further
information or explanation with reference to the matters
stated in the report which the Court may require,
Procedure
consequent 45. Where the Judge makes an order under section 251
On order for of the Act directing any person or persons to attend for
public exa. examination : public
mination,
|
Form 24.
(2) The examination shall be held ‘before the Judge
Provided the Fudge may direct that the whole or
any part
Companies Winding Up Rules B 347
of the examination of any such person or persons, be held
and heard and determined before any of the persons
mentioned in subsection (9) of the said section,
(6) The Judge ‘may, if he thinks fit, eithe
for examination or by any subsequentorder, r give
in the order
directions
as to the special matters on which any such pers on is to
be examined, | .
(c) Where on an examination held before one of the
persons mentioned in subsection (9) of the said section,
¢ is of theopinion that such examination is being unduly
or unnecessarily protracted, or for any other suffi
cient
cause, he may adjourn the examination of an
erson
of any part of the examination, to be held before the udge.
46. Upon an order directing a person to attend for public
examination being made, the Application
Official Receiver shall, unless por
Form for
—
48,—(1) The Official Receiver shall give notice of the time “Notice of
Pp appointed for holding a public examination Publics _
creditors and contributories by advertisement in such to the examination
paper as the Court may direct and in the Gazette. news- to creditors _
and contri-
butories
Form 82.
(2) Where an adjourment of the public examination
been dire has
cted, notice of the adjournment shall not, unless
otherwise directed by the Court, be advertised in any
Newspaper, butit shall be sufficientto publish in the Gazette,
a notice of the time and place fixed for the. adjourne
examination.
d
_ List of Contributories in
@ Winding-up the Court
63. Unless the Court shall dispense wit h the settlement
of a list of contributories, the Liquid Liquidator
ator shall, with all to settle
convenient speed after his appointment,settle list of Con-
a
- tories of the Company, and shall appoint a list of contribu- tributories,
oftime and .- 64. The Liquidator shall give notice in writing of the
place for _ timeand place. appointed for the settlement of the list of
settlement
of list.
contributories to every person whom he proposesto include
Form 32 in the list, and shall state in the notice to each person in what —
characterand for what numberofshares or interesthe proposes
to include such person in the list and what amount has been
called up and what amount paid up in respect of such shares
or interest.
’ Settlement
of list of
_ 65. On the day appointed for settlement of the list of
contribu- contributories, the Aquidator shall hear any person who
Forms 31
objects to being settled as a Contributory, and after such
and 33 hearing, shall finally settle the list, which when so settled,
shall be thelist of contributories of the Company.
Notice of - 66. The Liquidator shall forthwith give. notice to every
Contribu-
tories person whom hehas finally placed on the list of contributories
Form 34 _ Stating in what character and for what number of shares.
or interest he has been placed on the list and what amount
has beencalled up andwhat amountpaid up in respect of such
. haresor interest andin the notice he shall inform such person
that any application for the removal of his name from the
list, or for a variation of the list, must be made to the court by
summons within thirty days from,thedate of :the service
on the contributory or alleged contributory ofNotice of
thefact that his nameis settled on thelist of contributories,
Application - 67.—(1)Subject tothe power of the Court to extend the
to Court to
- vary the list.
time or to allow an application to be made notwithstanding
Form 35 _ the expiration of the time limited for that purpose, no applica.
tion to the court by anyperson who objects to the : °
contributories as finally settled by the Liquidator shallbe
entertained after the expiration of 21 days from the date of
the service of such personof notice ofthe settlementofthelist.
_ (2) The Official Receiver shall not in any case bepersonally
liable topay any costs of or in relation to an application to set
aside or vary his act or decision settling the name of a person
on the list of contributories of a Company. ce,
Variation of. 68. The Liquidator may from time to time, v: or add
to list of to thelist. of contributoriesbut any such variation otaddition
contribu- shall be made in the same manner in all respects as the
settlement of the original list. . | 7
Companies Winding Up Rules B 355
Calls
69. The powers and duties of the court in relation to Fee
ing calls upon contr ie
ibutories conferred by secti
_ of the Act, shall and may be exercised, in a windi g-up on 243
bythe
_ Court, by the Liquidator as an officer of the Court subject
the proviso to section 254 of the Act, and to the following to
regulations :—
(1)Where the Liquidator desires to make any call on
the contributories, or any of them for any purposeauthorise
_ by the Act, if there is a Committee of Inspection, he mayd
summon a meeting of such Committee for the purpose of
obtaining their sanction to the intendedcall,
(2) The notice of the meetingshall be senttoeach member
of the Committee of Inspection in sufficient time to reach
him not less than fourteen days before the day appointed oe
Form 36,
for holding the meeting and shall contain a statement of
_ the proposed amountof thecall, and the purpose of which
it is intended. Notice of the intended call and the intended
meeting of the Committee of Inspection shall also be
advertised once at least in a National Newspaper, or, wher
e
the winding-up is notin the Headoffice of the Court, in a
Newspapercirculating in the district of the Court in
_. the proceedings are pending. The advertisement whic h
shall
state the time and place’of the intended meeting of-the Form
Committee 37. |
of Inspection, and that each contributory
may either attend the said meeting and be heard, or make |
any Communicationin. writing to the Liquidator or memb
_ ofthe Committee of Inspection to be laid before the meetiers
ng,
in reference to the said intended call. _ : |
(3) At the meeting of the Committee of Inspection,
any statements or representations madeeither to the meeting
personally or addressed in writing to the Liquidator or
members of the Committee by any contributory shall be
_ considered before the intended call is sanctioned.
() The sanction of the Committee shall be given by
resolution, which shall be passed bya majorityof the members|
present. . oe
(5) Where there is no Committee of Inspection, the
_ Liquidator shall not make a call without obtaining the leave
Form 38. :
70. Ina winding-up by the Court, an applicationtothe Court Application
for leave to make anycall on the contributories of a Company, *
forlene
or any of them, for any purpose authorised by the Acts, shall makes call.
be made by summons stating the proposedamount of such call,
B 356 Companies Winding Up Rules
-. Forms39,
which summons shall be served seven clear days at the least
40, Al and 42
before the day -
inted for making the call on every contribu- .
tory proposed to be included in such call ; or if the court
so
directs, notice ofsuch intended call may be given by advertise-
ment, withouta separate noticeto each contributory.
——
‘ 71. When the Liquidator is authorised by resolution or
making the
Cau, order to make a call on the contributories, he shall file with the
Registrar, a document makingthe call in the Form 53in the
Form 43
Appendix with such variationsas circumstances may require.
Service of 72, When a call has been made by the Liquidator in a
notice of a
call, - Wind
i ing-up by the court, a copy of the resolution of the —
Committee of Inspection or order of the Court (if any), as the
Forms 38,
42, 44, and case may be, shall forthwith, after the call has been made, be
45 served upon each of the ‘contributories included in such call,
‘together with a notice from the Liquidator specifying the
amount or balance. due from such contributory in respect of
such call, but such resolution or order need not be adyertised |
unlessfor any special reason the Courtsodirects, =
Enforcement
of call and
73...The payment ofthe amount due from each contributory
Forms 46. . on a call maybe enforced byorder of the Court, to be made in
47 ‘Chambers on summons by the Liquidator, = :
| a Proofs | -
Proof of
debt.
| 7h,Tn a winding-upb ' the court, every creditor shall,
subject as hereinafter provided, prove his debt, unless the
Judge in any particular winding-up shall give directions
that a y creditor or class of creditors shall be admitted without
Mode of
proof,
75. A debt may beprovedin any winding-up by delivering
or sendingthrough the.post, an affidavit verifying the debt. In
a win g-up by the Court, the affidavit shall be so sent to the - -
Oot eeePY or if a Liquidator has been appointed, to the
Liquidator ; and in anyother winding-up, the affidavit may be
So sent to the Liquidator. . |
Vetification
of proof.
__ 76. Anaffidavit proving a debt may be made by the creditor
himself or by some person authorised by or on behalf of the
creditor. If made by a person so authorised, it shall state his
authority and. means of knowledge. ae
of proof. |
77. An Affidavit proving adebt shall contain or refer to a
Form 48 Statement of account showing theparticulars of the ‘debt,
and shall specify the vouchersif any, by which the same can be .
substantiated. ‘The Official Receiver or Liquidator to whom -
the proof is sent may at any time, call for the production of
the vouchers, | oo
.
Companies Winding Up Rules
_ 78, An affidavit proving a debt shall state whether the Statement
_ creditor is or is not a secured creditor.. of Security.
_ 79. An affidavit proving adebt may in a winding-up by the Proof before
whom . -
Court, be sworn before any Commissioner of Oath.
80. A creditor shall bear thecost ofproving his debt unless Costs of
_ the court otherwise orders. proof.
to‘appeal ains
intention
t a decision rejecting a ‘proof, file such
with the <pistrar with a memorandum-thereon of roof .
disallowance his
thereof. |
Time for __99. Subject to the powerofthe Court to extend
sot winding-up by the Court, the Official Receiver thetime ina
Oficial ry not later than twenty-one days from the latest as Liquidator,
Receiver, date specified -
in the notice of his intention to declare a dividend
within as the time
which such proofs must be lodged, shall in writ
either admit or reject wholly, or in part ing
, every proof lodged
with him, or require furtherevidence in sup
port of it,
100. Subjectto the power of the Cou
the Liquidator in a winding-up by the rt to extend the time
Court, other than the
Official Receiver, within thirty-five days
proof, which has not Previously been deal after receiving a
writing either admit t with shall in.
or reject it wholly or in part
further evidence in supportofit : Provided that or
whe
require
re the
Liquidato r has given notice of his intent to
dividend, he shall, within twenty-one dayion declare 2
safter the date —
metioned in thenotice as the late
must be lodged, examine, and instda te upto which proofs
writing admit or reject or
| Companies Winding Up Rules
B361
requite further evidence in support of, every
has not been already dealt proof which
with,
decision, rejecting a proof whollyand shall give notice of his
or in part,-to the creditors
ected thereby. Where a creditot’s proof has been adm
_ the notice of dividend shall be a suff itted;
icient notification of the
ion.
|
101. The Official Receiver shall in no case , be personally
liable for costsin relation to an appeal from his decision
rejectingany proof wholly or in part .
| Dividends in a Windin
ing-Up
by the Court
~ ,,102.—-(1) Not more than two months before
dividend, the Liquidato declaring a
r in a winding-u p by: the Court,
‘shall give notice of his intention todo Forms 52
soto the Ministry of and 53,
Trade in order that the same may be gazetted
the same time,give notice to suchof the , and shai l at
in the statement of affairs as have not cred itors mentioned —
proved their debts.
Such notice shall specify thelatest date up to which
must be lodged, which shall not be less proofs
days from the date of such notice. -
than twenty-one
|
(2) Where any creditor, after the date mentioned
notice of intention to declare a dividend as the in the
lastest date
up to whichproofs may be lodged, appeals agai
decision of the Liquidator rejecting a proot, notice ofnst the
appe
shall, subject to the powerof the Court to extend the al
spceial cases, be given within fifteen days from the datetime in
notice of the decision against which the appeal is of the
and the Liquidator may in such case mak made,
e provision for
_ the dividend upon such Piool, andthe probableco
st of such
appeal in theevent of the proof being admitted. Whe
notice of appeal has been given within the time spec re no
this Rule, ified in
the Liquidator shall exclude alt proofs’ which _
have been rejected from Participationin the dividend, —
(3) Immediately after the expiration of the time fixe
this Rule for appealingagainst the decision ‘of the Liqu d by Form 54.
idator,
he shall proceed to declare a dividend, and shal l give notice
to the Ministry (in order that the same may be gaze tted), and
shall also senda notice of dividend to each.creditor
whose _
proof has been .
(4) If it becomes necessary, in the opinionofthe Liquidator
and the Committee of Inspection to postpone the declaratio
of the dividend beyondthe limit of two months, the Liquidatorn
shall give a fresh notice ofhis intention to declare a
vidend
B 362 | Companies Winding Up Rules
not later than the time mentioned for that Purpose iver,
in the
- Rotice convening the meeting, or adjourned meeting, a proo
ofthe debt whichhe claimsto be due tohim from the Company. f
In the.case of a Court meetingor Liquidator’s meeting of
creditors, a person shall not be entitled to vote as cred itor
-unless he has lodged with theOfficial Receiver or Liquidator,
a proof of the debt which heclaims to be due to him from the
Company and such proof has been. admitted wholly or in
part before the date on which themeeting is held : Prov ided
this and the nextfour following rules shall not apply .
to a Courirt meeting of creditors held prior to the first meeting
of creditors. - -
This Rule shall not apply to any creditors or class of credi-
_ tors who,by virtueof the Rules or any directions given there
-
under, are not required to prove their debts or to any voluntary |
liquidation meeting. i.
123, A creditor shall not vote in respect of any unliq uidated Cases in
or contingent debt or any debt the value of which is not hich
ascertaine d, nor shall a creditor vote in respe
on or secured by a current bill of exchange ctorofe
any debt may not
y vote.
2 .
Companies Winding Up Rules
B369
Proxies in Relation to a Winding-upby the Court
and to meetings of Creditors in a Creditor’s
Voluntary Winding-up
129, A creditor ora contributory may voteeith
or byproxy where‘a person is authorised in man er in person Proxies.
by Section 132 of the Actto represent a Corporner provided
meeting of ation at an
creditors or contributories such person sk
produce to the Official Receiveror Liquid ator or other, the
Chairman of the meeting a copyoftheresolut
him. Such copy musteither beunderthe sealion so authorising
tion or must be cert of the corpora-
ified to be a true copy by
a director of the Corporation. The succeedithe ng
secretary or
Rule
_ proxies shall not (unless otherwise directed by the court s ag to |
to a court meeting of creditors or contributories prio ), app
ly.
r to the
first meeting, Co a
130, Everyinstrumentof roxy shallbe in accordan
the appropriate form in the Appendix. ce with Form of
Proxies
Forms 64 &
_ 131. General and speical forms of proxy shall be 65,
creditors and contributories with the notice sum sent to the Form of
moning the
meeting, and neither the name nor description of the Offic Proxy to be
Rece iver or Liquidator or any other person shall be prin ial sent with
notices,
_or inserted in the body of any instrumentof pro ted
so sent.
xy befo reit is
.
132. A creditor or a contributory may give a general
proxy General
to-any person, 7 proxies,
.
is appointed bythe Court, and thereaft er
ook”in which he s
Boo! tecord all
had and resolutions passed at any minu tes, all proceedings
meeting
contributories, of creditors or
or of the Committee
fuch matters as may be necessary to of Inspection, and all
give a correct view of
any’s affairs ; but he shall
x than
Official Receiver, or the Ministry,.
; .
155. (x Ina winding. the Court,
the Official Receiy. ,
until a Lguideter$5 pepe Sy ee Cash Book .
(ohichtitgs sitll Receiver,
Keep a bookto be called the “Cash Book
(which shall be in such orm as the Min
time direct) in which he shall (subject ist
to
ry may from time to _
the provisions of the
Rul es
as to trading accounts), enter fro
receipts aridpayment made by hi m day to day the
m. .
2) In a winding-up
neao Omenete|byathe l
court, a Liquidator other
sub
Books together with any other requ mit the Record and Cash
to the Committee of Inspection (ifisit
any
e books and vouchers,
_ Notless than once every three months. ) when required, and
:
(3) In a creditors’ Voluntary windi
oP. the Liquidator
: Investment of Funds
Investment _ 156.—(1) Where in a winding-u by the Court or in a ~
creditors Voluntary winding-up, the Committee of
Securities
andrealis~ tion are ofthe opinion that any part of the cash balance
ation of
Securities,
standing to the credit of the account of the Company should
be invested,they shall signacertificate and request, and the
Form 68 Liquidator shall transmit such certificate and request
and 69, to the
egi of Companies, - | a
2) Where the Committee of Inspection in any such
wiet are of the opinionthat it is advisable to Zell any
of the securities in which’ the moneys of the Company’
assets are invested, they shall sign a certificate and s
reauest
to that effect, and the Liquidatorshall transmit such certi
and request to the Registrar of Companies, ficate
—
_ 3). Where there is noCommittee of Inspection in any such
Wwinding-up as is mentioned in paragraphs (1)and (2) of this
Rule and in every members’ voluntary winding-up whether
under the su ision of the court ornot, if a case has
inthe
opinion of the Liquidator, arisen under Section 331 of
Act for an investmentof funds of the Companyor salethe
securities in whichthe Company’s funds havebeen
of
invested,
the Liquidator shall sign and; fransmit. to. the Regis
Companies, a certificate of the facts on which trar of
his opinion is
founded, and a request to the Registrar so that theA ccountant-
General: can make the investmentor sale mentioned in the
_ certificate’ and the ~Accountant-General may thereupon
ifthey thinkfit, invest orsell the whole orany part of the
funds and securities, as provided in the said. section, andsaid
said certif the
icate and request shall be asufficient authority to the
Accountant-General for the said investment or
sale, —
Accounts andAudit in a Winding
157. The Committee of Inspection shall not less than’
Audit of
Cash Book once every three months, audit the Liquidator’s Cash Book -
and certify therein _
Form.70, under their hands, the day on which
Statements by Liquidator to
the Registrar of Companies |
Conclusion of 168. The windi -up of a Company
winding-up
of section 319 ofthe Act be deemed to shall , for the purposes
be concluded _ e
170. Whe
re, in a volunt Wwinding-up or a winding-up Affidavit of
under the supervision of the Court, a
any period for which a statement hasLiqu
to
idatorhas not duri m0 receipts
he sent, received or of payments.
any money on accoun t of the
Com y, he shall, at the
period when he is required to transm it hi statement, send to
the Reg istrar of Companies, the Prescribed statem
Form No. 73 in duplicate, containi ent inthe
the particulars therein Form 73.
required with respect to the proceedings in
the liquidation, and with such statement and position of
shall also send an
affidavit of no receipts or payments in the
Form No. 74, _ Form 74.
Unclaimed Funds and Undistributed Ass
ets
in the Hands of A Liquidator .
171,—(1) All money in the handsor
under the control of
Liquidator of a Company representing unc Payment of
which for six months from the date when thelaimed dividends,
unuistribu-
ted and un-
payable have remain dividend became claimed
ed in’ the han or under the control of
the Liquidator shall forthwith ondsthe
money into
175,
An application by a person claiming to be entitled to Application
any money paid to Accountant-General of the Federation in ae
out
pursuance of Subsection 4 of Section 319 of the Act, shallbe entitled,
made in such form and manner as the Ministrymay from time
to time direct, and shall, unless the Ministry otherwise directs,
Baz Companies Winding UpRules
(2) In a voluntary -winding-up' or a winding-up under the
_ supervision of the Court, all.other money in the hands or under
the control of a Liquidator of a Company, representing -
unclaimed orundistributed assets or held by the Company
" intrust which, under subsection 4 ofsection 319 ofthe Act, the
Liquidatoris to pay into theCompanies Liquidation Account,
shall be ascertained as on the date to which the statement of —
receipts and payments sent in to the Registrar of Companies
is brought down, and the amountto bepaid 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
Bag
the date to which the statement is brought down, less sucl
: par t (if any) thereof as the Ministrymay authorise him to ©
retain for immediate purposes of liquidation. Such amount
shall be paid into Companies Liquidation Account within
twenty-eight days from the date to which the statement of
account is brought down.
» (3) Notwithstanding anything in this rule, any moneys.
in the hands of the Liquidator at the date of the dissolution
of the company representing unclaimed or undistributed
assets or dividends or held by the companyin trust in respect
of dividends or other sums due to any person as a member.
of the company shall forthwith be paid by him into the
Companies Liquidation Account. . |
(4) A Liquidator whose duty itis to pay into the Companiés _
Liquidation Account kept by the Accountant-General of the _
_ Federation money representi g unclaimed or undistributed
assets of the Company or held by the Company in trust in
respect of dividends or other sums due to any person as a _
member of the Company, shall apply in such manner as the
Ministry shall direct to the Ministry for paying-in order,
which paying-in order shall be an authority to the Accountant-
General of the Federation to receive the payment. . ;
(5) In a-voluntary winding-upor a winding-up under the |
supervision of the court, money invested or deposited at
interest by a Liquidator shall be deemed to be money under
his control, and when such money from part of the minimum
balance payable into the Companies Liquidation Account
pursuant toparagraph (2) of this Rule, the Liquidator shall
realise the investment or withdraw the deposit, and shall.
pay the proceeds into the Companies Liquidation Account :
Provided that where the money is invested in Government
‘Securities, such securities may, with the permission of the
Companies Winding Up Rules B 383
Ministry, be transferred to the control
of the Ministry instead
of beingforthwith realised and the procee
the Companies Liquidation Accoun ds thereof paid into
t: Ifand when the money
represented by the securitiesis req uired wholly or in part
for the purposes of the Liquidation the
the securities wholly or in part and payMinistry may realise
realisation into the the proceeds of
mpanie
s Liquidation Account and deal -
with the samein the same way as other monies paid into the
said Account maybe dea lt with,
172, In a vol r winding- p-or
a winding-up under
supervision of the Court, whether the Liq
uidation has been
concluded or not, shall furnish to the Mini
__ Of any moneyin his hands or under his stry,» particulars
unclaimed or undistribute control representing
d assets of
the Companyorheld by
the Companyin trust in respect of divi dends or other sums
due to any person as a member of the Com
_ other particulars as the Mini pany, and such
stry may requ
ascertaining or getting ‘in any moneyire for the purposeof
Companies Liquidation Account with the payable into the
_of the Federation. The Ministry may requAccountant-General
to be verified by affidavit as in Form ire such particulars
78. - ; Form 78
_ 173.—{1) In voluntary Winding-up or_a ‘The Mini-
the supervision of the Court, the Ministrywinding-up under stry may
order any such person as is mentioned may at any time, fied call for veri«
Rule to submit to them an account veri
in the prec edin g account,
fied by affidavit of the
sums received and paid. by him as Liquidato
r of the Company
and may direct andenforce an audit of the acc
ount,
(2) For the purposes of Subsection 4
the Act, and the Rules, the of Section 319 of Forms 72,
Court may,if it thinks fit, make any 73-76.
appropriate order with respect to the discov
of the property of a debtor. ery andrealisation
“2174, An application to the~Ministry for
ascertaining thepurpose of Application
and getting inmoney pay e to the Accountan
Generalof the Federation pursuant toabl
to the court
t- for enforcing
319 ofthe Act shall be made
Sub sec tio n 4 of Sec tio n an account .
by motion, and when the Wwinding- and getting
up is byor under the supervision in money,
winding-up,shall be made.to andofdea
the Court or in a voluntary
lt with by the Judge in
courtLK Se
175. An application by a person, claiming to
any money paid to Accoun be ent|itled to £
Application
tant-Gene
pursuance of Subsection 4 of Sectionral319of the Federation in
it Payment
out person
made in such form and of the Act, shall be entitled,
manneras the
to timedirect, and shall, unless the MinMin istry may from time
istry otherwise directs,
Companies Winding Up Rules
be accompanied by the Certificate ofthe Liquidatorthat the
stson claiming is entitled and such further evidenceas
Release of |
_(2) When the Registrar havingcomplied ‘with the provisions
Liquidator, of section 232 of the Act,granted to a Liquidatorhis release, a
notice of the order granting the release shall be gazetted. The
Liquidator shallpay fortheexpenses of such gazetting and he
_ Inaycharge such expenses against the Company's assets.
sonnesuninimmnmunnnmnn
DIVISION
. NOversion OF UVpein
.
In the matter Of (2),mnnmnnnnunwnnny Limited and
the Companies Ace 1968 In the
| eee matter of .(a) Insert eh Nex
Let (Ou , a OName of
attend at. | nen
OD - °
tO en May of;
| 1anapiece Clock 40. thenminfin
of an application of (c) on the hearing
() Name
id deseri
. tion of api
Cant,
for anorder that (a) i .
~ .
GDSeats
_ Dated the. day of. so mer, _ application,
This summons was taken
out byof
-
.
Solicitors for
- To
Note :—I£ you do not attend, either in person
time and place above mentioned, such or by your Solicitor, at the
order will be made, and Proceedings
taken, as the Judge(or Registrar) may thinkjust
and expedient,
No.2 Rute 15
PETITION
InTHE Feperat Hiri Courr
| Division - |
The humble petition of(d)mmnnummnmnnmmnrshoweth 28follows :
(a) Tnsere
De The en |
the Company), was in the month OLvanmn~~Limited (hereinafter called Company of
under the Companies Act, “mmmnmunnrnninmmnincorporated Petitioners.
~B 388 Companies Winding Up Rules
b)aStatese
th 2. Theregistered office ofthe. Comppanyanyis
is at at(
(6) b) a .
somata”
°
No. § (Rute )
AFFIDAVITOF SERVICE17 OF PETITION
|
MEMBER, OFFICERS OR SE
ON
RVANTS
a (Title)
In the matter of a petition dated
. :
I, ; » of
1, (In the caseof service of + make oath and say ;—
member,officer or servant at pet iti on on a companyby leav it wi
at the principal or last knownthe registered office, or if no reging
ist
th
Principal place of business of ere d off ice
“ThatI did on the company),
day, the day of — 19
(or servant) of the said co
duly sealed with the seal ofmpany & Copy of the above-mentioned petition,
aforesaid), before the hour the Court, at (office or Place of business as
of in the
_ 2, (In the case of no memb noon.
er
found at the registered office or, off icer or servant of the comp
place of business) any being
=
That I did on
having failed to find any day, the — day of
me mb er , officer or servant of the 19;
company at (here state reg above-named
& copy of the above-mentio ist ere d off ice or place of business), leave
there
Court, before the hour ned Petition, duly sealed with the seal of the
(add where such sea of the in
~ placed in letter box,led Copy was left, e.g, affixedthe noon
or otherwise.) to do or of off ice s, or
_ 3. (In the case of direct
' servant of the company ions by the Court as to the member,officer or
to be served),
a =
That I didon = day, the day of —
ie
petition, duly-sealed
together with a true wit h the seal of the Court, by
copy of the order delivering the same
for substituted service dat
ed
(plac8)before the hour of9, personal to the said ,at
4,The said petition is
in the - floon,
at, &e, now protluced and shown
to me, marked A, sworn
' —
B 390 | | Companies Winding Up Rules
pane
the solicitor
firm,
the person orfirm,or his or their solicitor (if any), and must be signed by to the peti-
posted, must be sent by post in sufficient time and must be served, or if
not to reach the above-named
later than 48 working hours before the date the
pttition~
er tfSolici
he has
in rt. Petition is tor mention no
(Title)
Notice is hereby given that petition for an ordertha
t (a) or for such other (a) Insert
Order as shall be just was presented to the Court holden
at on
the w lay of os )
~ sought in
prayer of
3 by (6) And petitioner,
‘that the said petition is directed to be advertised and
sat down for mention
~ before the Court sitting at on the
day of ae , 19 ; and anycreditor or
_ Companies Winding Up Rules
| contributory ofthe said Company desirous to support or oppose the making |
ofan-order ‘on the said petition may appear atthe time of ing in person
or by his counsel for that purpose ; and 2 copy of the petition will be
furnished by the undersigned to any creditor ‘or contributory of the said.
Company requiring such copy on payment of the regulated charge for the
elass of
shares held.
se
{c) To be
on
or his solici-
tor or Agent.
| Name and -
Address Creditors Contributories |
Name| Address| of Amount
Support-
Number of Opposing ing
Solicitor of debt shares -
of party
coho has
given
notice
B 394 Companies Winding Up Rules
| No, 44(Rowe 27)
NOTIFICATION TO OFFICIALRECEIVER OF
WINDING-UP ORDER
(Tithe)
To the Official Receiver ofthe Court.
| (Address) oe
"_, Order pronouncedthis daybythe Honourable Mr Justice memwmmmmnnnse
forwindiog wp the under-mendoned company the Companies Act,
- (ren)
petition of the above-nanied Co, ay (or AB,of & Cy a -
ee r y ofthe abou
(orenbuto ote
aboveenamed Company) a’
me 19.ny preferred unto the Coe andupon hearing
the petitioner, and Mooverssereeene for
and upon reading the iyttan
l affidavit
of of ((the said petition), M, filed and ae
petition svof oe at
vi an nn
day of.oga of papers of the. em
(enter other papers), Each containin,g an advestisementofthesaidpetition.
— Giteraa
e y ss
wound up by this Court under the provisionsoftheCom
that (one ob) the Official Recetver(e) attached to this Courtbeconstituted
Provisional Liquidator of the affairs of the Company,
And it is ordered that the cost of the said petition be paid out of the assets
of the said Company, oo
- Note-—It will be the duty of such of the persons asare liable to make out
oF to conrir in making out sateen
¢ affairs as the Official Receiver
may require to attend on the Official Receiver at such time and place as he
may appoint and to sive him all information he may require,
tHe |
Upon the petition, &e,, this Court doth order that the vo:oluntary windin,
op OF the $8idemmummnnnunnddsited, be continued, bet ect to ie
ision ofthis Court ;sand any ofthep:
procieding
ander d voluntary
ling-up may be asthe Court shall think ;handit
it is ordesedthat -
the liquidator a in the voluntary winding-up of the
said
aid Company,
orothe the ligt forthe time being, do onthe
next, sad thenceforth every three months file with dhs Begiseara Sepost
in writing as to the position of, and the progress madewith, the winding-up
of the said Company, and with the realization of the assets thereof and: as.
any other matters connected with the winding-up as the Court may from
time
t to timedirect, And itis ordered that n0 bills ofcosts, charges OFexn
expenses,
B36: Companies Winding Up Rules
or special remuneration of any solicitor, empl
_ said Company, or any remuneration oyed by the liquidator of the
, char
or of any manager, accountant, auctioneer, ges or expenses of such liquidator,
out of the assets of the said Com any, unle brok er or other: person, be paid
of remuneration, shall, have been allow by sss uch costs, charges, expenises
that all such costs, char, 8, expensesedand’ the Registrar, And it is ordered
accordingly, And it is ordered that the cost remuneration, be ascertained
insert any directions as to allowance of costss of the petitioner and of (have
@ ing), And the creditors, contributoriof es
the petitioner and of person
pany, andall other persons inte and liquidator of the said
generally as there may be occasion, rested, are to be at liberty to apply
1, A.B., the Official Receiver of the Court (oras the case may
be) Chair-
san of a meeting of the Creditors (or Contributories) of the above- named
Company, summoned by advertisement in BE.rnenmnninnuanianenninDOWEPEPES
of the y 19 9 and in the Gazette
of the suminnennnanmean
$ aid Com
of wind up the
iatedsinrnto p een
monnunnn’Qui and the re
:
ceiver of results of the mectings of Creditors an
orts of the Offici Re-
al
B 400 | -Companiés Winding Up Rules
No,25 (Rute 46) |
_ NOTICE TO ATTENDPUBLIC EXAMINATION |
(Title) :
(a) Insert Whereas by an order of this Court,made on e
dizector Or Quinny it Was ofdered that you, the undermentioned o
queer (oras before thesmuninmmmnmm should attend
be), the purpose, and be publicOOutt on a day and at a place to beena for
lyexamined asto thepromotionor formamed
tionof
‘ + thecompany, and astothe-co
to your conduct and.dealings nduct
28°(2)
.of thebusiness of the company, and as
siner ,
And whereasthe, day of... ; 19
MAsasccsisinaunnumurinn
ad’clock,
,-
in CHOcrriinsssmnnann
annmnnnnninT ON befor.e the
sitting MEoreerenmmmeniuninn
Notice is hereby given thet you ate required to attend at the said
and place, and at any adjournments ofthe examinationwhich time
may beordered,
and to bring with you and produce all books Papers, and writings and
documentsin your custody or power in anyway relatingtothe above other
Company,
-named
Q. (6)
The Witness refused to-answer the (6) Here
the said questions asfollows -— said question (or) The Witness ans State
wered - question.
A, (c)
T thereuponnamed the
day of , 19 (c) Here
at ,;
vr.
insert
wm 48 the time and place for such answers: (if
(1efusalto)
any),
answer to
be feported
to the Hon,
Mr Justice
snnessinmaronnen
enin, eveetsaceecenees
9
Dated this M
MM day of
, 19,
Registrar -
(or as the case may be)
B 402 Companies Winding Up Rules
Form No, 28 (Ruta 57)
. DISCLAIMER OF LEASE
| (Title)
Pursuantto an Order of the Court dated the...
. day of nr 19,
te
Property
disclaimed,
Notice ofthis disclaimer has been given to
Dated this.... AY OF mmnnnnrsnmannonsntDerry
Liquidator
Linuidator
To nota, (address)
Companies Winding Up Rules — BB 408
(Title)
‘The followingis a list of members
ofthe companyliable to be placed
the list ofcontributories ofthe said com on
and papers of the said company, togethpany, made out by mefromthe books
the numberofshares (or extent of inte er with their respective addresses and —
rest) to be attrib d to each and the
amountcalled up and the amount paid up in respectute
of euch shares (or
_ interest) so far as have been able to
make outoras certain the same.
In thefirst partof the list, the personswh
rightare distinguished. oare contributories in their own
oe jn the second part of the said
bei lst, the personswho are contributori
ngrepresentatives ofor being lieblefor es
the debts ofothers, are distinguisheasd
B 404 s
Companies Winding UpRule
FIRST PART,—CONTRIBUTORIESIN THEIR OWN RIGHT
2, 2 f 4&4 | on: TF 6
“| Amount
Number of called up Amount paid
Serial Namaand Address| shares (or
No. Description at date of upatdaie —
extent 9; commence of commenn
1 pO - Interest ment of | cement of
windingaup | windinguup
Pry
1, 2. 3. , 4, ; 5. 6. . 7,
Amount Amount
| |Number| called paid up
No.| Name In what up at
on |. and at date
| Addvews character Shares date of of com-
List Description |. included (or com. mencea
extent mencea ment of
of In- ment of winding
terest) winding up
| up
(Title)
Pursuant to the Companies Act, 1968, and to the rules made thereunder,
I, theundersigned, being the liquidator ofth e above-namedcompany, hereby
B 406 Companies Winding Up Rules
certify that the result of the settlement of the
above-named company so far asthesaid fist heslist
been
of contributories of the
settled, up to the date
of this certificate, isasfolllows:—~ a
1, The several persons whose siames areset forth in the
of the First Schedule second column
hereto have been includedin the
as contributories ofthe said company in respectof the said list ofcontributories
_ Set opposite thenames ofsuch contributories respective (2)rns
ly in the safd schedule,
T have,in the first part of the said schedule, distinguished such
several persons included in the said list as are contributories of the said
right, in their own
7 oo _
I have, in the second part of the said schedule, distinguished such
said several persons included in the said list as are contr of the
representatives of or being liable for the debts of others, ibuto ries as being
2. The several persons, whose names are set forth the secon
ofthe Second Schedule hereto, were included in. in d column
the provisional list of
- contributories, and have been excluded from the said list of
contributories,
3. I have, in the fifth column ofthefirst Schedule and in the
of the secon sixth column
d part of the First Schedule and in the samecolumn of the
Second Schedule, set forth opposite the name of each of the severa
respec l persons
tively the date when such person was included in or excluded from
the said list of contributories,
4, I have, in the sixth and seventh columns ofthe first part
| Schedule hereto and in the seventh and eighth columnsof the of the First.
the said' Schedule, set forth secon d part of
opposite the names of each of the said persons _
respectively the amountcalled up at the date of the commencement of the
winding up and the amountpaid up at such date in respec
a (or interest), t of their shares -
5. Before settling the said list, I was satisfied by the affidav
it of
“ , Clerk to
sas » duly filed with
the- proceedings herein, that notice was duly sent by post to each of the
persons menti oned in the said list, informing him that he was included insuch .
list in the character and for the (a)........ .
stated therein, and of the amount called up and the
amountpaid up in respect:
ofsuch shares (or interest) and of the day appointed for nally settling the
said fist, ;
Dated this day of. 19
(Title)
"Takenotice that I, , , the liquida-
tor of the above-named company,have, by certificate dated the.cemnrnrommaron
day of.. se 19 wey Under my hand, finally settled
Companies Winding Up Rules
B 407
the list of contributories of the
suchlist. The character and thesai d company, and that youare included
and for which you are included num ber of shares (or extent of interest) in
paid up in reapect of such shares and the amount called up and the amo in
(ori unt
nterest) is stated below.
Anyapplication by you to vary the saidl
"Mame inay be excluded therefrom, ist of céntributories, or that your
21 days from the service on you oft mus tbe made by you to the-Court within
tained, his notice, or the same will not be
enter-
~The said list may be inspected
by you at the office of the Regist
(a) rar at
on anyday between the hours of......:se
and ' man
Daren sn .
day of..... wm wmaQos curser y
To
. {orto (Sg ) . Liquidator
* his solicitor) oo
1. 2 7s 4. 5. 6. 7.
. . Amount Amount
No.| Name Number called paid up
In what] - of upat
in and Address character! at date
List Description Shares date of of com-
tncluded\ (or commence- mence-
- extest iment of ment of
| of winding winding
Interest up up
ORDER ON APPLICATION To VA
- CONTRIBUTORIES RY LIST OF
| ae (Title)
Upon the
application of W.N,, yA su
day of...... mmonsdated the.. -.
tributories of the 9 » for an order that the listo
com y and the liquidator’s fcon.
same be varied by ex. din certificate finally settling the
case may be), and upon hea g the nameof the applicant theref
rin rom (or, as the
emmnnamannmunmmdt 18 g, &.C., and upon FeAMING B.Cocicsice csacsce.,
company and the liquidators’ ordere d, that the list of contribut
excluding the-hame ofthe sai cert ific ate finally settling the samori
e
es of the
be
d W.N. from thesaid varied
by including the name of the list contributories or
said W.N, as a contributof
for., ory in the said list
shares, (or as the case may
be) or the Court
*B408 Companies Winding Up Rules
does not think fit to makeany order on the said application, except
said W.N. dopayto liquidator of the said company, his costs of this that the
tion. .
applica- -
. oo
- STATEMENT
1. The amount due in respect of proofs admitted against the compan
up, forte th y, -
e coors thee cotGhaupes and expenses of the winding
up, form in the aggregate the sum entmmnmnnnnnvnmme£,odt there-
- abouts, .
2. The assets of the company are estima
FY,emrnererninanrnnsrnnrnnrnnsDHELE ALE NO other assetsted to realise the sum of
, except the amounts due
- from certain of the contributories to the company, and in my opini
on it will
not be possible to realise in respect of the said amount more than BEacm ei
. A statement showin
for which it is.intendedgmay
the necessity of the Propos
be obtained on applicationed call and the
to the liquidator at his
office at (a)...
Datedthis,
dayof. . , 19
I
of
of the above-named company, make cath_and
. the liquidator
sayas follows :—
1. I havein the schedule now produced and
letter A, set forth a statement showing shown tome, and marked with the
the amount due in respect of the debt
provedand admitted against the said s
the costs, charges and expenses of andcomp
inci
any, and the estimated amount of
thereof, which several amounts form in the dental to the windingupthe affairs
or thereabouts. a te the sum of 4% _
2. Ihavealso in the said schedule set
belonging to the said company, amount forth a statementofthe assets in hand —
ing to the sum of N_..... and
no more. Thereare no otheras sets belongin
amounts due from certain ofthe contributorig to the said company, except the
best of es ofthesaid company,and, tothe
y information and belief, it will
the said amounts more than the sum of3% be impossible to realise in respect of
cee 01 .
Qe cepts-- vinwrmvneneefpergons have been
contributories of the said companyin respect settled by me on the list of
sevenShares, of the total number of..__
4. For the purpose ofsatisfying the
“company and of paying the costs, charseve ral debts and liabilities of the said
ges and expenses of and incidental to
the winding uptheaffairs thereof, I believe the
be required in addition to the amo sumofM will
unt of the assets of the said company
mentioned in the said Schedule A, and the
said sum of Me
, 5+ In order to provide the said sum of Bec
nmne
to make call upon the several persons who hav cmnsinmmeny it 18 necessary
e been settled on thelist of
Sworn, #6.
: No. 41 (Rue 69)
ADVERTISEMENTOF APPLICATION FOR LEAVE
, TO MAK E A CALL
In the matterof......
L e id f,
| — (Titey
ORDER GIVING LEAVE TO
MAKE A CALL
The manly Of.
-s19
Upon the application by sum
mons dated
(OfRiat Recelver and): La ne mre
of the above-named com any, ny OFthe
reading the order to wind up and upon
tributories of the said companytheanab
d
ove-named Company the list of
the Liquidator’. certificate of the con -
settlement ofthe samefiled final
said (Official Receiver and) liquidat +19... the affidavit ofthe
or,filed the day of __.:
19my and the exhibit marked “A
” therein referred to, and an affida
vit of
Sworn, &c. . , .
Note.—In addition to the we affidavit, an affidavit of the service of the
application for the call will bere
quired in cases in which the Committee of
Inspection or the Court has authoris ed a call to be made,
No. 47 (Ruiz 72)
ORDER FOR PAYMENT OF CALL DUE
FROM A CONTRIBUTORY _
The day of . 19.
(Title) :
_ Upon the application of the Liquidator
and kpon reading an affidavit of of the abo ve- nam ed company
day of. filed the, sete
» 19... and an affidavit of Liquidator, file
the, day of. cp
d
19...
that C.D., of, &c. (or E.F., of, &c., the » it is
ordered,
personal representative of
late of, &c., deceased), one of the contri LM.,
if against several contributories, the severaltories of the said company (or,
column of the schedule to . this order, beinpersons named in the second
ofthesaid company), do, on or beforethe g respectively contributories
y of.
after service of this order, payto ,A.B.,
19 , or subsequently within four days
the Liquidator of the said company
at his off ice,(a)
the sum ofHo
all, out of theassets of the said ma inst aleg 1
al personal representative
personal representative as aforesaid, to be ie tana Preeentaiv
administration,ifthe said E.F., has in his hand admi nist ered in due course of |
s
(or, if against several contributories, the several so muc h to beadministered) ,
to the respective names in the sixth column sum s ofm oney set opposite
of the said schedule hereto),
Companies Winding Up Riles
| B415
such sum (or sums) being
(or L.M.) (or the said sevthe amount (or amounts) due
Of Meper sha
era l persons respectively), in fr
res
om the said C.D.
pect of the call
re duly made, dated the day
of
N UC ->N ok
(6) That I am in the employ of the under mentioned creditor, and that
duly authorised. by. I am
a . to make
this affidavi
t, and thatit is within my own knowledge that the debt herein-
after deposed. to was ineurred and for the consideration stated, and that such —
. debt, to the best of my knowledge andbelief,still remains unpaid and unsatis
-
for. which
sum or any part thereof I say that I have not nor hath (f)momma
N ok
CCrninnenenionsneinmnraninnBY
of... 19,
Official Receiver or
Liquidator. nt
ioned bill of
‘exchange)or,
as the case
may be).
- Admitted to rankfor oF
dividend FOPeses cesses
BRmene Keene.
CIS samenday | -
of... sneerADs...
__- Official Receiver or
. Liquidator.
uy
Sworn at
.
“ ’ 1 -
this day of. , Deponent’s
- Before me crm 9) , Signature.
a
, ;
Note.—Theproof cannot be
it is properly completed and lodadmitted for voting at thefirst meeting unless
named in the notice convening theged with the Official Receiver bef
meeting, ore the time
(*) Where before
a resolution has beenthe Presentation of the windin
passed g up of & Company by the
commencement of the win 8 by the companyfor voluntary win Court: ;
ding up ding up,the date of the
must be epoated for the
up order (see section 229 oft date of the winding
he Companies Act;
B416 . Compinies Winding Up Rules
for vihich
sum orany part thereofI say that I have not nor hath (5)
(f) “Mysaid
“partners or
Admittedto rank for
Gividemd forieccccscsnsennee '
ed “creditor”
(as the case
NRecesess sssmsets Kuccrsssssee ~ may be),
(g' se ? or
ve
CEES.srrrereserernrnerirsintsereneeddary their’, or
I
Sworn at ?
ae Deponent’8
this day of. 19, Signature.
Before me
(*) Where before the presentation of the winding of acompany by the Court
2 resolution has been passed by the company for vol fa winding up, the dateofthe
commiencement.of the ing up must be substituted or the date of the winding
up order (see section 229 ofthe Companies Act, 1948),
B 418 - Companies Winding Up Rules
‘| Period
| Fall Period over
Name , - |. over which
» Now| of Address Description.\ which accrued Amount -
_'+ Work- "|. wages holiday | due
man due remunera-
- tion
due
NW Ik
Deponent’s
Signature
Companies Winding Up Rules B 419
No. 50 (Rute 89)
To ; — (Of er and)
(Official Receiver and
Proofs Tendered
Whether admitted,
- Name of: Amount . reected or If admitted
Creditor of standing over Amount
Proof forfurther
consideration
B420 Companies Winding UpRules
No.52 (Rutz 101 (1) )
NOTICE TO CREDITORS OF INTENTION TO
DECLARE DIVIDEND
FRY |
- 'A (@) dividend ‘is intended to.be declared in-the above matter. You are
mentioned as a creditor in the statementof affairs,‘but you have not yet —
proved your debt. of
Ifyou do not prove your debt by the. dayof.
19.ncrennninsnany YOU Willbe-excluded from this dividend. = =,
DATED this ioeeennrnnenernnnnnnnmnnnnnanne Gay OF sins . saci, 1pm
- nus
. ToX.Y. Liquidator, *
(Address) —
No. 53 (Rute 101 (1). )
NOTICE TO PERSONS CLAIMING TO BE
. CREDETORS OF INTENTION TO DECLARE
or FINAL DIVIDEND
_ (Title)
_ ‘Take notice that a final dividend is intended to be declared inctionthe above
do not establi sh. your claim to the satisfa of the
' matter, and that ifyou
court on or Before the eelantannnnenrinnmmnnelBY OF vninninea ed, andItninnny LD
or such later day as the Court may fix, your claim will be expung
~ shall proceed to makea final dividend without regard to such claim.
.
ne
To X.Y.
(Address)
Date conon 19
NOTICE IS HEREBY GIVE Nthat a dividend of...k in the 3¥has been
that the same may be receiv ed at my office, as
-- declared in this matter,and inven 19
' above, on the : dayOF
en the hours
or any subsequent weekday, CXCEPt.-mnmemmmmmmmunnnenny betwe
of. an sa
Note
ator when
() This. form must be presented, or returned, to the Liquid notes
promisory
application for paymentis made. Any bills of exchange,
ced.
or other negotiable instruments held by you must be produ
Companies Winding Up Rules ) B 421
@Ify a desc the dividend to bepaid to some other perion you should
Nese| lodge with the Liquidator an authority ii n theprescribed form
0. 54.
(ti) If you do not desire to attend personaly you anvost fill up, sign and
return the form of authority below, when a dividend payable order will be
delivered in accordance with the authority.
' ” v) Dividend payable orders lapse if not presented for payment within
3 months ofthe Eg day of the month ofissue butwill be re-issuedafter
that period on application to the Department of Trade and Industry.
The fee payable on re-issue of a payable order is 30k where the order isfor
210 or less, and 50k where the order exceeds 2410,
(Signenn
Liquidator
To.....
Authority
Sir,
*me(us) by Post,
please deliver to the Bearer Mr— at my (our) risk the Dividend payable
Orderfor © svmsersesnenntt...being the amount payable ‘oomin respect
“ . Signatures
Witness to the Signature
of.
of.
OYSea
Note :
wThis form together with the share certificate must be-presented,
or returned, to the Liquidator when application for paymentis made. _
(é) If you do not desire to attend personally you must fill up, sign and
return the form ofauthority below, when2 payable order will be
delivered in accordance with theauthority.
() Payable orders lapse if‘not presented for payment within 3 months ©
_* of the last day of the monthofissue but will bere-issued after that
period on application tothe Depattment of Trade’ and Industry,
_, Companies Winding Up Rules B 423
‘Thefee payable on re-issue of a payable orderis 30k wherethe orderiis for
10,00 or less, and 50k where the order exceeds Nro.
So (Signed) .
- - Liquidator *Strikeout.
9 applicable.
AUTHORITY
Sir,
Please deliver to*me (us) by post, the Bearer, Mr at‘my (our risk the
Payable Order
OS.Se being the amount payable to*me us inrespect
of the return OF...nnrennrmnnmninnenper share held by*me usin this company.
Diesnnunnigunnisionennnnte Contributory’s signature
To the Liquidator Date 519.
Note.—The authority should be signed by— .
: (a) the contributory personally, or
(6) in the case ofjoint contributories, by each, or
(c) inthe case of a firm, by one of the partners, or
(2)in the case of a limited company, by an officer of the company, so
described, or.
(¢). in thecase of a holder ofa general proxy authorised to receive the
dividend, by the holder.
No, 57 (Rozz 106)
NOTICETO CREDITORS OF FIRST MEETING
_ (Title)
(Under the order for windingup the above-named or dated...
e day 0:
Noticeis hereby given that the first meeting of creditors ii n the above
matter will be held at. on the. day of...
sevnaennuanennennennvn'y LDosrenere
To entitle you to vote thereat your proofmust be lodgedwith me not
later ‘than..........0°clock on the... day o' 19.
Forms of proof and of general and special oroies are enclosed herewith.
Proxies to be used at the meeting must lodged with meat...
of... NOt later thancen.o’clock on PCrneener .
dayof sssegrinsotomesten » 19 (a) Here
_ ° . ° * . . :
_ Official Receiver. a.a thas
(The statement
st of the Company’s affairs (a) lodged” or’
Note:
At thefirst meetings of the creditors and
lodged,
and
contributories they may amongst summary is
other things :-— enclosed.”
' 1, By resolution detertnine whether or not an application is to be made
-_ tothe Court to appoint a Liquidatorin place of the Official Receiver.
2. By resolution determine whether or not an application shall 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.
Note.—If a Liquidatoriis not appointed by the Court the Official Receiver
' will be the Liquidator.
B. 424 ‘Companies Winding Up Rules
~ Rule 125,—The Official Receiver shall also giveto eachofthe Officers ofthe
Company,who in hisopinion out to-attend thefirst meetings of creditors
and contributories, seven days’ notice of the timeandplace appointedfor
each meeting. The notice may either be delivered personallyor sent by
letter, as may beconvenient. It shall be the duty of every Officer whoreceives
notice of such meeting to attend if so required by the Official Receiver,
and if any such Officer fails to attend the OfficialReceiver shall report such
failure to the Court. ° we
‘Companies Winding UpRules B 425
No.60 (Rutz 111)
NOTICE, OF MEETING(GENERAL FORM)
mo _ (Titley
* (2)
‘Daten this. wna day Of way 1D
(Signed) (b)
Forms of general and special proxies are enclosed herewith. Proxies to be
used at the meetingmustbe lodged with .
at..... . nt . not later than
snc.o‘clock on the day of... sewensianeery 19,
No. 61 (Roues 115)
AUTHORITY TO DEPUTY TO ACT AS CHAIRMAN
OF MEETING AND USE PROXIES , .
(Title)
I, the Official Receiver of.neennn. (a) Hetein
do hereby nominate of tobe eereon ee
Pec:
Chairman of the meeting ofcreditors (or contributories)iin the above matter my employ-
t oF
appointed|to be held at on the day of de
19... way and I depute him (a) undermy
to attend‘auch meeting anduse, on mybehalf, anyproxyor.proxies held by folora
mein this matter. officesof
Datedthis...
hi day off. ,19 the Boerd
Of Trade.”
Official Receiver
No. 62 (Ruz 119) :
MEMORANDUM OF ADJOURNMENT OF MEETING (a) “First,”
ee (tite) caseeney be.
"Before dicen ‘ent ment 7 () Insert
. onthe.. day of. snmententinannseansy 19 » at, iw0'clack “creditors”
_. Memorandum.—The (a)... Meeting Of (B)1xrinincnlnenee tories”2
in the above matter was held at the time and place above mentioned’ but i3 t the case may
appearing that (¢)nmennnnmninnmthe meeting was adjourned until
the day of. “anne 19. sinnuemnny Of. (c) Here
aminunntinnninened0, then to be held at the same
0"clock iin‘the... place. state reason
Chai ; for adjourn-
B40 _ Comparties Winding Up Rules
q
51 ; N k N | &k
3
4
5
6
7
(3) The proxy form when signed must belodged bythe timeand at the
for that purpose in the notice convening the meeting at
. which it is to be used.
in the noticeconvening. -
| (Signed)(2)
Notes
(Title
We, the Committee of Inspection, being ofopinion that Mr. eeverceseeees
heommit ofInspection
3 \ Committee of Inspection.
} CommitteeofInspection =
\ Committee ofInspection
-_ '
B430 Companies Winding Up Rules
No. 73 (Rous158)
LIQUIDATOR’S TRADING ACCOUNT UNDERSECTION 230
(Title
OH. the Liquidator ofthe above-named
Company in account with the Estate -
Receipts , Payments
OO - Cr.
‘Date Date
|.
, Liquidator.
(ite)
We have examined this Account with the Vouchers and find the same
correct, and we are of opinion the expenditure has been proper.
Datep this... day of. : 19
Conimittee of Inspection
or memberofthe Committee ofInspection)
No. of Company. : No, 72 (Ruts164)
LIQUIDATOR’S STATEMENT OF ACCOUNT (MEMBERS? OR CREDITORS!
“VOLUNTARY WINDING-UP)
(Pursuant to Sections 270 and 280)
Statement showing how the Winding-up has heen conducted and the Property of the Company has been disposed of. ”
Name of Company. — | (in liquidation) ,
Presented by. ‘
ULNA sottvGuo)
*Delete as LIQUIDATOR’S STATEMEN'T OF ACCOUNT (MEMBERS) *(CREDITORS) VOLUNTARY WINDING-UP)
necessary. Statement showing how the Winding-up has been conducted and the Property of the Company has been disposed of.
_ From 19. (Commencement of Winding-up) tOeimnnnansnnemninninnnel Puma(Close of Winding-up)
: ot :
|
— Payments
Receipts * .
e
sana EN)
RN [k on [k
Receipts— Costs of Solicitor to Liquidatar ees .
Cash at Bank. ee es Other Law costs oe ee oe ks an
in hand e. . . Liquidator’s remuneration :— N tk
Marketable Securities . .. % on N realised os ~
Sundry ss ws ,
Stock in ‘Trade . . es Where applicable
MorkProgress ss we ws By wh Zeon B distributed .. + oe ee
erty .. . os y whom: ee ve es ve
old Q ee - \Auctioneer’s and valuer’s charges .. ..
Plantand i . . Costs of possession and maintenance of estate . ee
Furniture, fittings, utensils, ete .. Costs of notice in Gazette and local|papers as es
Pa trade Incidental Outlay ... . os ee
‘otal costs and charges
easecurities .. es
Ter @
Unpaid calls at commencement .. (i) Debenture holders :-— —.... se fee “
Cr =
. Payments
Payment of R .
Payment of 8
per Ren debenture .. . es .
%) Creditors +— "
© ~~ tial. . as ..
—*Unsecured >—
Dividends) ._.-kin
of. Bon & —
Less = I ' (The estimate of amount expected to rank for dividend
: Payments to redeem sects was 8 )
Payment per tracing account
(#2) Returns to contributories -— _ a
, nik Per PE
———_ Share... . «s
. Net realisations =... as per dé oe oe * =.
4
(1) Assets, including. shown in the statementofassets and liabilities and estimated to be of the
value OF Reneeave proved to be cain . . : ; _—
(2) State amountpaid into the Companies Liquidation Accountin respect of : oo = ont
(a) unclaimed dividends payable to creditors inthe winding-up ..00 +. ss > . .s wa RS
(8) other unclaimed distributions inthewinding-up - as es es as ss ae
tof the
© moneysheld by the encapany in trast in respect of dividends ofother sums duebefore the commencement
winding-up to any person 2s a member ofthe company -. sess sens . a -_N
3) Addhere any special remarks the Liquidator thinks desirable >— : -, . .
Datenthis ......day ofean a eee wae »19.... a
_ (Signature of Ligidatori) ose:seve ee eeees case
*State number. Preferential creditors need not be separately shownifall creditors have been pai in full
_ State nominal value and class ofshare. .
‘cer a
B 434 Companies Winding Up Rules .
No,of)
Company © )anurnmnnnnnena
A Commissioner for Oaths.)
Form and (1) Every statement must contain a detailed account ofall the Liquidators’
contents of
Statement, realizations and disbursements in respect of the company, The statement of
realizations should contain a record of all receipts derived fromassetsexisting
at the date ofthe winding-up resolution andsubsequently realized, including .
balancein bank, bookdebts and calls collected, property sold, xc., and the
account of disbursements should contain all payments for costs and charges,
or to creditors or contributories, Where property has been realized, the gross
proceeds of sale must be entered under realizations, and the necessary
ts incidentalto sales must be entered as disbursements,Theseaccounts.
should’ not contain payments into the Companies Liquidation Account
(except unclaimed dividends—see paragraph5) or payments into or out of ©
ank, or temporary investments by the liquidator, or the proceeds of such
investments when realized, which should be shown separately :-—~
_ (a) by means of the bank pass book ; /
Interest allowed or charged by the bank, bank commission, &c., and profit
or loss upon therealization of temporary investments, should, however, be
inserted in the accounts ofrealizations or disbursements, as the case may be.
Each receipt and payment must be entered in the account in such 4 manner
as sufficiently to explain its nature. The receipts and payments mustseverally
. be added up at the foot of each sheet, and thetotals carried forward from one
account to another without any intermediate balance, so that the gross totals
shall represent the total amounts received and paid by the Liquidator
" respectively.
Realixations Se Debursuments
Date ~ Of whom Nature of Assets Amount Dete To whow | Natweaf Ameunt-
received . Reakxed ; peid Disbursements
N NR pk
Total Realizations . .. be ee se
Total Disbursements oe ae . ae he 7
- Balance
the liquidator of the above-named Company, make oath and say :— That
_. *the account hereunto annexed marked B, contains a full and true
account of my receipts and payments in the winding-up of the above-
_ named Company, from the. day of. a’
| Receipts | Payments
‘Dr. . Cr,
Date | | R ]k |] Date | aa
Tor ¥| | Toran
B:440 Companies Winding Up Rules
No. 76 (Ruzzs 168 anp 172)
~ No. of Company | |
N:
‘ LIST OF DIVIDENDS OR COMPOSITIO
(Name ofCompany)
Ofvevannon sb
I hereby certify that a Dividend (or Composition)
eOfnrennmnninunnny LQrununs
in the 3 wasdeclared payable on and after them
are entitled to the
set forth belowa!
and that the Creditors ‘whose names are
been paid such amounts
amounts set oppoait their respective names, and have
:
except in the cases epecified as unclaimed.
Liquidator
‘ ‘ TOTAL
(Name of Company)
NH k Ne k
Tora, N
ee ve Gla)
| nuthorn .
, make oath and say that the particulars entered
in the statement hereunto annexed, marked A, are correct, and truly set forth
all money in my hands or under my control, representing. unclaimed .or
undistributedassets ofthe above company, or held by the Contpanty in trust
in respect of dividends or other sums due to any person as 4 member of the
Company, and that the amount due by me to the Companies Liquidation
Account in respect of unclaimed dividends and: undistributed funds is
OR
Signed.
Sworn, E-C,
No.79 (RULE176)
NOTICE TO CREDITORS ANDCONTRIBUTORIES:.
_ OF INTENTION TO APPLY FOR RELEASE
oe ume . (Title)
Take notice that I, the undersigned liquidator of the above-named Com-
pany, intend to apply to the Board of Trade for my release, and further take
notice that any objectionyou may have to the granting of my release must be
notified to the Board of Trade within twenty-one ys of the date hereof.
A summary of all receipts and payments in the winding-upis hereto
annexed.
| Daten this. dayof. sce 9 1Queresan;
"Liquidator.
| To
Note.—Section 232 (3) of the Companies Act, 1968, enacts that “A order
of the Registrar by direction of the Attorney-General of the Federation,
releasing the liquidator shall discharge him from all liability in respect of .
any act done or default made by him in the administration of the affairs
of the Company,or otherwise in. motion.to.his conduct as Liquidator ; by
any such order may be revoked on proofthat it jwasobtained by fraud or
bysuppression or-concealment- of any. material fact”. 0. ---- =~
STATEMENT TO ACCOMPANY ONrie~ APPLICATION FOR RELEASE
Statement showing poshion of Cotmpan ot date of eppaton for mlete
Dr
Ce.
Estimated
to produce
. S state-) Receipts
4. . ment of
Payments |
affairs
Less -—
. Nok IN &
Liquidator’s remuneration, viz -—
Payments to redeem securities per cent on N
Costs of execution payments . as
assets realised per cent on N s.
per trading account ae assets distributediin dividend | ws es
Net realizations os oT
Amountsreceived from calls on contributories
made in the winding-up oes ee ows
ae es tion of Statement ofAffairs
NH
ae ase {e) State
ve ee as murober
of
oor &
exeditor
in the N on N
The estimate of amount
expected to rank for dividendiwas N
Araount returned to contributories
He - Balance ..
Assets not yet, realized, including calls, estimated to ptoduce SF (Add here any special rernarks"the Liquidator}ithinks desirable.)
Creéditors can obtain any further information by inquiry at the office of the liquidator. so - ,
Darenthis. : day of.
“seyTn)Supurysomeoduag
19,
(Signature of Liquidator)
(Address) oo
CompaniesWinding Up Rules | B 445
No; 81
No. of ‘Company en
Stamp duty
must be -
paid
WINDING-UP BY THE COURT _
NOTICE OF APPOINTMENTOF TLIQUIDATOR
DECLARATION OF SOLVENCY
We sme OF a
* of “oan being allthe directors ©
So , the majority of the _
of ne dO solemnlyand sincerely declare
that we have made a full enquiry into the affairs of this company, and, that
having so done, we have the opinion that this company will be able
to pay its debt in full within a period of, se
*months, from the commencemeut of the winding-up, and we append 2
statementofthe company’s assetsandLiabilities as at,
19 __-vnueeoone Being the latest practicable date before the
fsasoedscccreoeoessestoe
making of this
_ the sante to be true, and by virtue ofthe provisions of the Oath Act 1963.
Declared at the .
OF .... svotesuvussise one thousand nine hundred and
before me,
_ A Commissioner for Oaths or Notary Public.
Companies Winding Up Rules | B447
. No. 83
(Date of Commencement of
Winding-up rrmmsinnty VD mre)
Liquidator’sRemarks
"In particularthe Liquidator should draw attention to any itemwhere after
taking his receipts and payments into account thereis a substantial difference
between hisestimatecad the directon estimate in the statement. annexed
. to the Declaration of Solvency, |
: No. 84
No. of Company...seersey antes setetemavinoaiee
beingthe
ing the iguidaton
Liquidator(s)
c. 1dator(s
co :. Limited have toinform
you
@h
(2) held on
"
( that a general meetingofthis companyWB UNYences
~_‘summoned“for ,
J (or We)
bein ¢the Liquidator(s)of
. . | | Limited,
_have to inform you that a general mecti of the
held onfoummoned for the. Company was duly (a)
cet
vm PUSSUANE toSection 270 of the Companies Act, 1968, for the
pote of hahaving an Account
(of which a copy is attached hereto) (5) laid
ore it showing how the ing-up of the company has been
and the property ofthe Company has been disposed of, and thatcond ucted,
—the same
was done accordingly/(a) no quorum was pres
ent at the meeting
(Signature
Daren the Alay of, , ,19
(a) Strike outthat which does not apply.
(6) The account accompa: ing this return must be auth
,
bythewritten signature(oho enticated
, ftheLiquidator(s).
@ To be signed by each Mquidator if mor
e than one,
- A, Farayi-WiLtiams,
" Chief Justice ofNigeria .