Act of Sederunt The Companies (Winding-up) Forms, 1949
|Publication Date:||January 01, 1949|
1949No. 1065 (S. 70)
(2) FORMSAct of Sederunt The Companies (Winding-up) Forms, 1949
The Lords of Council and Session, under and by virtue of the powers conferred on them by section 365 of the Companies Act, 1948(a) (hereinafter referred to as "the Act") and of all other powers competent to them in that behalf do hereby enact as follows:—
1. The forms set out in the Schedule hereto, with such variations as the circumstances may require, shall be the forms to be used in connection with—
(a) the declaration of solvency to be delivered to the Registrar of Companies under section 283 of the Act;
(b) the statement of assets and liabilities to be submitted to a meeting of creditors under section 288 of the Act; and
(c) the return of the final winding-up meeting and the liquidator's statement of account under sections 290 and 300 of the Act.
2. This Act of Sederunt may be cited as the Act of Sederunt The Companies (Winding-up) Forms, 1949, and shall come into operation on the fourth day of June, 1949.
And the Lords appoint this Act of Sederunt to be inserted in the Books of Sederunt.
T. M. Cooper, I.P.D.
2nd June, 1949.
(a) 11 & 12 Geo. 6. c. 38.
FORM No. 108
No. of Company … ..
THE COMPANIES ACT, 1948
A 5s. Companies Registration Fee Stamp must be impressed here.
MEMBERS' VOLUNTARY WINDING-UP
DECLARATION OF SOLVENCY, EMBODYING A STATEMENT OF ASSETS AND LIABILITIES
(Pursuant to Section 283)
Name of Company … .. Limited
Presented by … ..
DECLARATION OF SOLVENCY
We … .. of … .. and … .. of … .. being all the/the majority of the directors of … .. do solemnly and sincerely declare that we have made a full enquiry into the affairs of this company, and that, having so done, we have formed the opinion that this company will be able to pay its debts in full within a period of … ..*(*Insert a period of months not exceeding 12.) months, from the commencement of the winding up, and we append a statement of the company's assets and liabilities as at … .. 19 … .. being the latest practicable date before the making of this declaration. And we make this solemn declaration, conscientiously believing the same to be true, and by virtue of the provisions of the Statutory Declarations Act, 1835.
Delete as necessary.
Declared at … .. the … .. day of … .. one thousand nine hundred and … .. before me.
A Commissioner for Oaths or Notary Public or Justice of the Peace.
Delete as necessary.
Statement as at … .. 19 … .. showing Assets at estimated realisable values and Liabilities expected to rank
Estimated to realise or to Assets and Liabilities rank for payment (to nearest £) ASSETS:— £ Balance at Bank Cash in Hand Marketable Securities Bills Receivable Trade Debtors Loans and Advances Unpaid Calls Stock in Trade Work in Progress … … … … … … … … … … … … … … … Freehold Property Leasehold Property Plant and Machinery Furniture, Fittings, Utensils, etc Patents, Trade Marks, etc Investments other than marketable securities Other property, viz.:— … … … … … … … … … … . Estimated realisable value of Assets £ LIABILITIES:— Secured on specific assets, viz.:— £ … … … … … … … … … … .. Secured by Floating Charge(s) Estimated Cost of Liquidation and other expenses including interest accruing until payment of debts in full Unsecured Creditors (amounts £ estimated to rank for pay- ment):— Trade Accounts Bills Payable Accrued Expenses Other Liabilities:— … … … … … … .. … … … … … … .. Contingent Liabilities:— … … … … … … .. … … … … … … .. Estimated Surplus after paying Debts in full £
FORM No. 109
THE COMPANIES ACT, 1948
FORM OF STATEMENT OF ASSETS AND LIABILITIES
To be submitted to a Meeting of Creditors pursuant to Section 288 of the Companies Act, 1948, by the Liquidator in a Member's Voluntary Winding-up if he is of the opinion that the Company is unable to pay its debts in full within the period stated in the Declaration of Solvency, viz., … .. *(*Insert period shown in the Declaration of Solvency.) months from the commencement of the Winding-up.
… .. Limited (in Liquidation)
Statement as at … .. 19 … .. showing Assets at estimated realisable values and Liabilities expected to rank.
(Date of Commencement of Winding-up … .. 19 … )
In particular the liquidator should draw attention to any item where after taking his receipts and payments into account there is a substantial difference between his estimate and the directors' estimate in the statement annexed to the Declaration of Solvency.
… .. LIMITED. (IN LIQUIDATION) STATEMENT AS AT 19 SHOWING ASSETS AT ESTIMATED REALISABLE VALUES AND LIABILITIES EXPECTED TO RANK.
(DATE OF COMMENCEMENT OF WINDING-UP: 19 )
Estimated Realisable Values ASSETS NOT SPECIFICALLY PLEDGED: £ Balance at Bank Cash in Hand Marketable securities Bills Receivable Trade Debtors Loans and Advances Unpaid Calls Stock in Trade Work in Progress Freehold Property Leasehold Property Plant and Machinery Furniture, Fittings, Utensils, etc. Patents, Trade Marks, etc. Investments other than marketable securities Other property, viz.:— … … … … … . … … … … … . (a) (b) (c) Deficiency Estimated Due to ranking as Surplus realisable secured unsecured carried values creditors (see next to last ASSETS SPECIFICALLY page) column PLEDGED £ £ £ £ Freehold property … … … … … .. … … … … … .. £ £ £ £ Estimated surplus from Assets specifically pledged ESTIMATED TOTAL ASSETS AVAILABLE FOR PREFERENTIAL CREDITORS, DEBENTURE HOLDERS SECURED BY A FLOATING CHARGE, AND UNSECURED CREDITORS* (carried forward to next page) £ (d) SUMMARY OF GROSS ASSETS £ Gross realisable value of assets specifically pledged Other Assets GROSS ASSETS £ ESTIMATED TOTAL ASSETS AVAILABLE FOR PREFERENTIAL CREDITORS, DEBENTURE HOLDERS SECURED BY A FLOATING CHARGE, AND UNSECURED CREDITORS* (brought forward from preceding page). (e) LIABILITIES Gross (to be deducted from surplus or added to Liabilities deficiency as the case may be) £ SECURED CREDITORS to extent to which claims are esti- mated to be covered by Assets specifically pledged (item (a) or (b) on preceding page whichever is the...
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