Companies (Winding-up) Rules, 1949

Publication Date:January 01, 1949
 
FREE EXCERPT

1949No. 330 (L. 4)

COMPANIES

2. WINDING-UP

(1) RULES

The Companies (Winding-up) Rules, 1949

23rdFebruary1949

3rdMarch1949

14thMarch1949

I, William Allen, Viscount Jowitt, Lord High Chancellor of Great Britain, with the concurrence of the President of the Board of Trade, in exercise of the powers conferred upon me by Section 365 (1) of the Companies Act, 1948(a), and of all other powers enabling me in that behalf do hereby make the following Rules:—

PRELIMINARY

Interpretation of terms.

1. In these Rules, unless the context or subject-matter otherwise requires:—

"The Act" means the Companies Act, 1948.

"The Company" means a company which is being wound-up, or against which proceedings to have it wound-up or proceedings under section 210 of the Act have been commenced.

"Judge" means in the High Court the Judge who for the time being exercises the jurisdiction of the High Court to wind-up Companies, and in any County Court the Judge thereof.

"Prescribed" in relation to fees or charges means prescribed by the Rules of the Supreme Court.

"Proceedings" means the proceedings in the winding-up of a Company under the Act, or proceedings under section 210 of the Act.

"Registrar" means in the High Court any of the Registrars in Bankruptcy of the High Court, and any person who shall be appointed to fill the office of Registrar under these Rules, and where a winding-up of a Company is in the District Registry of Liverpool or Manchester means the District Registrar; and in a County Court, where there are joint Registrars means either of such Registrars, or a Deputy Registrar, and in any Court other than the High Court, means the officer of the Court whose duty it is to exercise in relation to a winding-up the functions which in the High Court are exercised by a Registrar or Master.

"The Rules" means these Rules, and includes the prescribed Forms.

"Sealed" means sealed with the seal of the Court.

"Taxing Officer" means the Officer of the Court whose duty it is to tax costs in the proceedings of the Court under its ordinary jurisdiction.

(a) 11 & 12 Geo. 6. c. 38.

Unless the context otherwise requires words or expressions contained in these Rules shall bear the same meaning as in the Act or any statutory modification thereof.

Application of rules.

2.—(1) Subject to the limitations hereinafter mentioned, these Rules shall apply to the proceedings in every winding-up under the Act which shall commence on and after the date on which these Rules come into operation and to all proceedings under section 210 of the Act, and they shall also, so far as practicable, and subject to any general or special order of the Court, apply to all proceedings which shall be taken or instituted after the said date in the winding-up of a company which commenced on or after the first day of January, 1891.

(2) Rules which from their nature and subject matter are, or which by the head lines above the group in which they are contained or by their terms are made applicable only to the proceedings in a winding-up by the Court, or only to such proceedings and to proceedings in a creditors' voluntary winding-up, shall not apply to the proceedings in a voluntary winding-up, or, as the case may be, in a members' voluntary winding-up, whether any such voluntary winding-up is or is not being continued under the supervision of the Court.

(3) Rules which from their nature and subject matter are, or which by the head lines above the group in which they are contained or by their terms are made applicable only to the proceedings in a winding-up, whether by the Court or voluntarily or subject to the supervision of the Court, shall not apply to proceedings under section 210 of the Act.

Use of forms in Appendix.

3. The forms in the Appendix, where applicable, and where they are not applicable, forms of the like character, with such variations as circumstances may require, shall be used. Where such forms are applicable, any costs occasioned by the use of any other or more prolix forms shall be borne by or disallowed to the party using the same, unless the Court shall otherwise direct:

Provided that the Board of Trade may from time to time alter any forms which relate to matters of an administrative and not of a judicial character, or substitute new forms in lieu thereof. Where the Board of Trade alters any form, or substitutes any new form in lieu of a form prescribed by these Rules, such altered or substituted form shall be published in the London Gazette.

COURT AND CHAMBERS

Office of Registrar in High Court.

4.—(1) All proceedings in the High Court shall from time to time be Registrar attached to one or more of the Registrars, who shall, together with the necessary clerks and officers, and subject to the Act and Rules, act under the general or special directions of the Judge.

(2) Every other Registrar may act for and in place of such Registrar as above-mentioned in all proceedings under the Acts and Rules, including the holding of public examinations, and when so acting such other Registrar shall be deemed to be the Registrar for the purposes of the Act and Rules.

(3) In every cause or matter within the jurisdiction of the Judge, whether by virtue of the Act, or by transfer, or otherwise, the Registrar shall, in addition to his powers and duties under the Rules, have all the powers and duties of a Master, Registrar, or Taxing Master.

Matters in High Court to be heard in Court and Chambers.

5.—(1) The following matters and applications in the High Court shall be heard in open Court:—

(a) Petitions.

(b) Appeals to the High Court from the Board of Trade and from the Official Receiver when acting as Official Receiver and not as Chambers Liquidator.

(c) Applications under section 343 of the Act.

(d) Applications under section 352 of the Act.

(e) Applications for the committal of any person to prison for contempt.

(f) Such matters and applications as the Judge may from time to time by any general or special order direct to be heard in open Court.

(2) Examinations of persons summoned before the High Court under section 268 of the Act shall be held in Court or in Chambers as the Court shall direct.

(3) Every other matter or application in the High Court under the Act to which the Rules apply may be heard and determined in Chambers.

Proceeding in Courts other than High Court.

6.—(1) In Courts other than the High Court the following matters and applications to the Court shall be heard in open Court:—

(a) Petitions.

(b) Public Examinations.

(c) Applications under sub-section (1) of section 334 of the Act.

(d) Applications to rectify the Register.

(e) Appeals from the Official Receiver and Board of Trade.

(f) Appeals from any decision or act of the Liquidator.

(g) Applications relating to the admission or rejection of proofs.

(h) Proceedings under section 333 of the Act.

(i) Applications under section 352 of the Act.

(j) Applications under section 343 of the Act.

(k) Applications under sub-section (1) and (2) of section 332 of the Act.

(l) Applications under section 188 of the Act.

(m) Applications under sub-section (2) of section 448 of the Act.

(n) Applications for the committal of any person to prison for contempt.

(o) Such matters and applications as the Judge may from time to time by any general or special order direct to be heard in open Court.

(2) Any other matter or application may be heard and determined in Chambers.

Applications in Chambers.

7. Subject to the provisions of the Act and Rules, in every Court:—

(1) the Registrar may under the general or special directions of the Judge hear and determine any application or matter which under the Act and Rules may be heard and determined in Chambers.

(2) any matter or application before the Registrar may at any time be adjourned by him to be heard before the Judge either in Chambers or in Court.

(3) any matter or application may, if the Judge or, as the case may be, the Registrar thinks fit, be adjourned from Chambers to Court or from Court to Chambers.

Motions and Summonses.

Form 1.

8.—(1) Every application in Court other than a petition shall be made by motion, notice of which shall be served on every person against whom an order is sought not less than two clear days before the day named in the notice for hearing the motion, which day must be one of the days appointed for the sittings of the Court.

(2) Every application in Chambers shall be made by summons, which, unless otherwise ordered, shall be served on every person against whom an order is sought, and shall require the person or persons to whom the summons is addressed to attend at the time and place named in the summons.

Place of Sitting of County Court.

9. Subject to the orders of the Lord Chancellor the place of sitting of each County Court having jurisdiction under the Act shall, for the purposes of such jurisdiction, be the town and place in which the Court holds its sittings for the general business of the Court.

Times for holding Courts other than the High Court.

10. Subject to the provisions of the Act, the times of the sitting of each Court other than the High Court, in matters relating to the winding-up of Companies and applications under section 210 of the Act, shall be those which are appointed for the transaction of the general business of the Court, unless the Judge of any such Court shall otherwise order.

PROCEEDINGS

Title of proceedings.

Forms 2 and 3.

11.—(1) Every proceeding shall be dated, and shall, with any necessary additions, be intituled in the matter of the Company to which it relates and in the matter of the Companies Act, 1948, and otherwise as in Forms 2 or 3 whichever is appropriate. Numbers and dates may be denoted by figures.

(2) The first proceeding shall have a distinctive number assigned to it in the office of the Registrar, and all proceedings subsequent to the first proceeding shall bear the same number as the first proceeding.

Written or proceedings.

12. All proceedings shall be written or printed, or...

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