Act of Sederunt The Companies (Winding-up) Forms, 1949
| Jurisdiction | UK Non-devolved |
| Citation | SI 1949/1065 |
| Year | 1949 |
1949 No. 1065 (S. 70)
(2) FORMS
Act of Sederunt The Companies (Winding-up) Forms, 19492ndJune 1949
3rdJune 1949
4thJune 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.
Edinburgh.
2nd June, 1949.
SCHEDULE
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 £
Remarks:
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...
To continue reading
Request your trial