Companies (Winding Up) Rules
Companies (Winding Up) Rules
Companies (Winding Up) Rules
COMPANIES ACT
(CHAPTER 50, SECTION 410)
ARRANGEMENT OF RULES
Rule
1. Citation
2. Definitions
3. Use of forms
ORDERS
12. Orders
13. File of proceedings in office of Registrar
14. Office copies
15. Use of file by Official Receiver
16. Defacement of stamps
17. Service of originating summons or summons and supporting
affidavit
17A. Duration and renewal of originating summons for purpose of
service
18. Mode of service
19. Publication in the Gazette
20. Memorandum of advertisements to be filed
21. Enforcement of judgments or orders
WINDING UP APPLICATIONS
22. Form of winding up application
23. Filing of winding up application
24. Advertisement of winding up application
HEARING OF WINDING UP
APPLICATIONS AND ORDERS
28. Notice of intention to appear
29. List of persons intending to appear
30. Affidavits opposing winding up application and affidavits in
reply
31. Approved liquidator to be nominated
32. Attendance on Registrar
33. Substitution of any person as applicant
34. Notice of winding up order
35. Order appointing provisional liquidator
LIQUIDATOR’S REPORTS
36. Report of liquidator
37. Reports of liquidator to be filed in Court
38. Consideration of further report
SPECIAL MANAGER
39. Appointment of special manager
40. Accounting by special manager
STATEMENT OF AFFAIRS
41. Preparation of statement of affairs
42. Extension of time for submitting statement of affairs
43. Information subsequent to statement of affairs
44. Default
45. As to costs of preparing statement of affairs
APPOINTMENT OF LIQUIDATOR IN
A WINDING UP BY THE COURT
46. Appointment of liquidator on report of meetings of creditors and
contributories
EXAMINATIONS
49. Application for examination under section 285 of Act
50. Application for public examination under section 286 of Act
51. Application for examination under section 313 of Act
52. Attendance of liquidator or Official Receiver under section 285
of Act
53. Application for appointment
54. Notice of appointment to creditors and contributories
55. Examinations under section 285 or 286 of Act
56. Shorthand notes of examination
57. Filing of notes of deposition
58. Failure to attend or absconding warrant for arrest
DISCLAIMER
59. Disclaimer
ORDERS
62. Production of documents for settling order
CALLS
73. Calls by liquidator
74. Application to Court for leave to make a call
75. Document making call
76. Service of notice of call
77. Enforcement of call
PROOFS
78. Proof of debt
79. Mode of proof
80. Verification of proof
81. Contents of proof
82. Statement of security
83. [Deleted]
84. Costs of proof
85. Discounts
86. Periodical payments
87. Interest
88. Proof for debt payable at future time
89. Workmen’s wages
90. Production of bills of exchange and promissory notes
90A. Statement of accounts
DIVIDENDS
101. Dividends to creditors
102. Return of capital to contributories
BOOKS
155. Record book
156. Cash book
INVESTMENT OF FUNDS
157. Investment of assets in securities and realisation of securities
TAXATION OF COSTS
165. Taxation of costs payable by liquidator
166. Notice of appointment to tax
167. Copy of bill of costs to be furnished to liquidator
168. Attendance at taxation
169. Certificate of taxation
170. Certificate as to special terms of remuneration, etc.
171. Liquidator’s charges
172. Application for costs
173. Costs
174. Costs ordered by Court or Judge to be paid by company
ATTENDANCE OF LIQUIDATOR
175. Attendance of liquidator
OFFICIAL RECEIVER
184. Appointment
185. Removal
186. Assistants
187. Duties where no assets
188. Official Receiver to act for committee of inspection where there
is no committee of inspection
189. Appeals from Official Receiver
MISCELLANEOUS MATTERS
190. Enlargement or abridgment of time
191. Formal defect not to invalidate proceedings
192. Fees
The Schedules
Application of Rules
(2) These Rules shall apply to the proceedings in every winding up
under the Act of a company which commenced on or after
29th December 1967, but shall not apply to any company or
society of which the winding up had commenced before that date,
and every such company or society shall be wound up in the same
manner as if these Rules had not been made.
Definitions
2. In these Rules, unless the context otherwise requires —
“applicant” means a person making an application to wind up a
company, and includes a company making an application to
wind itself up;
“company” means a company which is being wound up or
against which proceedings to have it wound up have been
commenced;
“creditor” includes a corporation and a firm of creditors in
partnership;
“filed” means filed in the Court;
“liquidator” includes a provisional liquidator;
“Official Receiver” includes an Assistant Official Receiver;
“proceedings” means the proceedings in the winding up of a
company under the Act;
“Registrar” means the Registrar of the Supreme Court and
includes a Deputy Registrar and an Assistant Registrar;
“sealed” means sealed with the seal of the Court;
“Taxing Master” means the Registrar or other officer of the Court
whose duty it is to tax costs in the proceedings of the Court
under its ordinary jurisdiction.
Applications in Chambers
6. Subject to the provisions of the Act and these Rules —
(a) the Registrar may under the general or special directions of
the Judge hear and determine any application or matter
which under the Act or these Rules may be heard and
determined in Chambers;
(b) 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; and
(c) 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.
Process to be sealed
10. All orders, summonses, applications, warrants, process of any
kind (including notices when issued by the Court) and office copies in
any winding up matter shall be sealed.
Office copies
14. All office copies of originating summonses, affidavits,
depositions, papers and writings, or any part thereof, required by
the Official Receiver or any liquidator, contributory, creditor, officer
of a company or other person entitled thereto, shall be provided by the
Registrar duly certified by him.
Defacement of stamps
16. Every officer of the Court who shall receive any document to
which an adhesive stamp shall be affixed shall immediately upon
receipt of the document deface the stamp thereon.
Mode of service
18. Except as otherwise provided by the Act, these Rules or any
order —
(a) all notices, summonses and other documents except those
of which personal service is required, shall be deemed to be
sufficiently served if left at or sent by prepaid post to the
last known address of the person to be served therewith or
to the address (if any) at which such person has authorised
service on him to be effected; and the notice, summons or
document if so sent by prepaid post shall be considered as
served at the time that the same ought to be delivered in the
ordinary course of post by the post office, and
notwithstanding the same may be returned by the post
office;
(b) no service shall be deemed invalid by reason that the name,
or any of the names other than the surname of the person to
be served, has been omitted from the document containing
the person’s name if the Court is satisfied that in other
respects the service of the document has been sufficient;
and
(c) when the solicitor for a party to be served accepts service of
a document on behalf of that party and indorses the original
or a copy thereof to that effect, that service shall be deemed
sufficient.
WINDING UP APPLICATIONS
Form of winding up application
22.—(1) Every application for the winding up of a company by the
Court shall be made by originating summons.
(2) The application for the winding up of a company shall be —
(a) in Form 2 set out in the First Schedule if it is made by the
company itself; and
(b) in Form 3 set out in the First Schedule if it is made by a
person other than the company.
(3) Where an application to wind up the company is made by a
person other than the company, that person shall be referred to in Form
3 set out in the First Schedule and all proceedings as the plaintiff.
Consent of liquidator
(2) Before the hearing of the winding up application, the applicant
or his solicitor shall obtain and file the consent in writing of the
approved liquidator nominated.
Attendance on Registrar
32.—(1) After a winding up application has been filed, the applicant
or his solicitor shall on a day to be appointed by the Registrar attend
before the Registrar and satisfy him that —
(a) the winding up application has been duly published in the
Gazette and advertised;
(b) the affidavit supporting the winding up application and the
affidavit of service, if any, have been duly filed;
(c) the consent in writing of the approved liquidator nominated
by the applicant has been obtained and filed;
(d) the provisions of these Rules as to winding up applications
have been duly complied with; and
(e) the prescribed sum has been placed with the Official
Receiver to cover the fees and expenses to be incurred by
the approved liquidator or the Official Receiver (including
any goods and services tax chargeable under the Goods and
(4) The prescribed sum shall, after deducting such amount as may be
required for the payment of the fees and expenses of the approved
liquidator or the Official Receiver due to insufficiency of the assets of
the company for such payment, be repaid to the applicant.
[S 654/2011 wef 01/01/2012]
Contents of order
(2) An order appointing a provisional liquidator under section 267
of the Act shall be in Form 13 set out in the First Schedule and shall
state the nature and give a short description of the property which the
provisional liquidator is ordered to take possession and the duties to be
performed by him.
LIQUIDATOR’S REPORTS
Report of liquidator
36. A report made by the liquidator pursuant to section 271 of the
Act shall state in narrative form the facts and matters which the
liquidator is required or desires to bring to the notice of the Court.
SPECIAL MANAGER
Appointment of special manager
39.—(1) An application by the liquidator for the appointment of a
special manager under section 282 of the Act shall be supported by a
report of the liquidator in which shall be stated the amount of
remuneration which in the opinion of the liquidator ought to be
allowed to the special manager.
(2) The remuneration of the special manager shall, unless the Court
in any special case otherwise directs, be stated in the order appointing
him, but the Court may at any subsequent time for good cause shown,
make an order increasing, reducing or otherwise altering such
remuneration.
STATEMENT OF AFFAIRS
Preparation of statement of affairs
41.—(1) Every person who under section 270 of the Act has been
required by the liquidator to submit and verify a statement as to the
affairs of the company shall be furnished by the liquidator with a copy
Default
44. Any default in complying with the requirements of section 270
of the Act shall be reported by the liquidator to the Court.
SECURITY BY LIQUIDATOR IN
A WINDING UP BY THE COURT
Provisions as to security
47. Where a liquidator other than the Official Receiver has been
appointed, the following provisions as to security shall have effect:
(a) the security shall be given to such officers or persons, and
in such manner as the Official Receiver may from time to
time direct;
(b) it shall not be necessary that security shall be given in each
separate winding up; but security may be given either
specially in a particular winding up, or generally, to be
available for any winding up in which the person giving
security may be appointed, as liquidator;
(c) the Official Receiver shall fix the amount and nature of
such security, and may from time to time, as he thinks fit,
either increase or diminish the amount of special or general
security which any person has given;
(d) the certificate of the Official Receiver as in Form 21 set out
in the First Schedule that a liquidator has given security to
his satisfaction shall be filed with the Registrar; and
(e) the cost of furnishing the required security by a liquidator,
including any premiums which he may pay to a guarantee
society, shall be borne by him personally, and shall not be
charged against the assets of the company as an expense
incurred in the winding up.
EXAMINATIONS
Application for examination under section 285 of Act
49. An application to the Court to summon persons for examination
under section 285 of the Act shall be made ex parte and may be made
by the liquidator or any creditor or contributory. If made by a creditor
or contributory the summons and affidavit in support thereof shall be
served on the liquidator.
DISCLAIMER
Disclaimer
59.—(1) Any application for leave to disclaim any part of the
property of a company pursuant to section 332(1) of the Act shall be
by ex parte summons. Such summons shall be supported by an
affidavit showing who are the parties interested and what their
interests are. On hearing the summons the Court shall give such
directions as it sees fit and, in particular, directions as to the notices to
be given to the parties interested or any of them and the Court may
adjourn the application to enable any such party to attend.
(2) Where a liquidator disclaims a leasehold interest, he shall
immediately file the disclaimer in Form 30 set out in the
First Schedule with the Registrar. The disclaimer shall contain
particulars of the interest disclaimed and a statement of the persons
to whom notice of disclaimer as in Form 31 set out in the
First Schedule has been given. Until the disclaimer is filed by the
liquidator the disclaimer shall be inoperative.
(3) Where any person claims to be interested in any part of the
property of the company which the liquidator wishes to disclaim, he
shall, at the request of the liquidator, furnish a statement of the interest
so claimed by him.
LIST OF CONTRIBUTORIES IN
A WINDING UP BY THE COURT
Liquidator to settle list of contributories
65. The liquidator shall with all convenient speed after his
appointment settle a list of contributories of the company, and shall
appoint a time and place for that purpose.
List of contributories
67. The list of contributories in Form 33 set out in the First Schedule
shall contain a statement of the address of, and the number of shares or
extent of interest to be attributed to each contributory, and shall
distinguish the several classes of contributories. As regards
representative contributories the liquidator shall, so far as
practicable, observe the requirements of section 280(3) of the Act.
Notice to contributories
70. The liquidator shall immediately thereafter give notice in Form
36 set out in the First Schedule to every person whom he has finally
placed on the list of contributories stating in what character and for
what number of shares or interest he has been placed on the list, and in
the notice inform that person that any application for the removal of
CALLS
Calls by liquidator
73. The powers and duties of the Court in relation to making calls
upon contributories conferred by section 281(2) of the Act shall be
exercised by the liquidator as an officer of the Court subject to the
following provisions:
(a) where the liquidator desires to make any call on the
contributories or any of them for any purpose authorised by
the Act, he may summon a meeting of the committee of
inspection, if any, for the purpose of obtaining their
sanction to the intended call;
Enforcement of call
77. The payment of the amount due from each contributory on a call
may be enforced by order of the Court, to be made in Chambers on
summons by the liquidator.
Mode of proof
79.—(1) A debt shall be proved in any winding up by delivering by
electronic filing or sending through the post to the liquidator a
declaration verifying the debt.
(2) A proof of debt required under paragraph (1) may be filed
electronically.
Verification of proof
80. A declaration proving a debt may be made by the creditor
himself or by any person authorised by or on behalf of the creditor.
Contents of proof
81.—(1) A declaration proving a debt —
(a) shall be in Form 77 set out in the Second Schedule to the
Companies Regulations (Rg 1) or where it is filed
electronically, in such electronic form as may be required
by the Official Receiver; and
(b) must be filed by the creditor within 3 months after the
winding up order is made.
(2) The documents substantiating the claim specified in the proof of
debt shall accompany the proof of debt.
(3) If the proof of debt is filed electronically, the documents
substantiating the claim specified in the proof of debt must be sent to
the Official Receiver within 14 days from the date of submission of
the proof of debt.
Costs of proof
84. A creditor shall bear the costs of proving his debt unless the
Court otherwise orders.
Discounts
85. A creditor proving his debt shall deduct therefrom all trade
discounts, but he shall not be compelled to deduct any discounts, not
exceeding 5% on the net amount of his claim, which he may have
agreed to allow for payment in cash.
Periodical payments
86. When any rent or other payment falls due at stated periods, and
the winding up order or resolution to wind up is made at any time
other than one of those periods, the persons entitled to the rent or
payment may prove for a proportionate part thereof up to the date of
the winding up order or resolution as if the rent or payment grew due
from day to day:
Provided that where the liquidator remains in occupation of premises
demised to a company which is being wound up, nothing herein
contained shall prejudice or affect the right of the landlord of the
premises to claim payment from the company, or the liquidator, of rent
during the period of the company’s or the liquidator’s occupation.
Interest
87. On any debt or sum, payable at a certain time or otherwise,
whereon interest is not reserved or agreed for, and which is overdue at
the date of the winding up order or resolution, the creditor may prove
for interest at a rate not exceeding 6% per annum to that date from the
time when the debt or sum was payable, if the debt or sum is payable
Workmen’s wages
89.—(1) In any case in which it appears that there are numerous
claims for wages by workmen and others employed by the company, it
shall be sufficient if one proof for all the claims is made either by a
foreman or by some other person on behalf of the creditors in
accordance with rules 80 and 81.
(2) A schedule setting forth the names and addresses of the
workmen and others, and the amounts severally due to them —
(a) shall accompany the proof; or
(b) where the proof is submitted to the Official Receiver
electronically, must be sent to the Official Receiver within
14 days after the submission of the proof.
(3) Any proof made in compliance with this rule shall have the same
effect as if separate proofs had been made by each of the said
workmen and others.
Statement of accounts
90A. A licensed moneylender filing a proof of debt under rule 79 in
respect of a loan made by him shall, within 14 days from the date of
filing thereof, file a statement of accounts in the form specified in the
First Schedule to the Moneylenders Act (Cap. 188).
Examination of proof
92. The liquidator shall examine every proof of debt lodged with
him and the grounds of the debt, and shall in writing admit or reject it,
in whole or in part, or require further evidence in support of it. If he
rejects a proof he shall state in writing in Form 48 set out in the
First Schedule to the creditor the grounds of the rejection.
Oaths
96. For the purpose of any of his duties in relation to proofs, the
liquidator, in a winding up by the Court, may administer oaths and
take affidavits.
DIVIDENDS
Dividends to creditors
101.—(1) Not more than 2 months before declaring a dividend, the
liquidator in any winding up shall publish in the Gazette a notice of his
intention to do so, and at the same time send the notice to every
creditor mentioned in the statement of affairs who has not proved his
debt. Such notice shall specify the latest date up to which proofs must
be lodged, which shall not be less than 14 days from the date of the
notice.
(2) Where a creditor, after the latest date for lodging proofs
mentioned in the notice of intention to declare a dividend, appeals
against the decision of the liquidator rejecting a proof —
(a) the appeal shall be commenced and notice thereof given to
the liquidator within 7 days from the date of the notice of
rejection against which the appeal is made; and
(b) the liquidator shall make provision for the dividend payable
upon the proof and the probable costs of the appeal in the
event of the proof being admitted.
(3) If no appeal has been commenced within the prescribed time, the
liquidator shall exclude the proof which has been rejected from
participation in the dividend.
Summoning of meetings
114.—(1) The liquidator shall summon all meetings of creditors and
contributories by giving not less than 7 days’ notice of the time and
place thereof in the Gazette and in one local newspaper; and shall not
less than 7 days before the day appointed for the meeting send by post
to every person appearing, by the company’s books, to be a creditor of
the company, notice of the meeting of creditors, and to every person
appearing, by the company’s books, or otherwise, to be a contributory
of the company, notice of the meeting of contributories.
(2) The notice to each creditor shall be sent to the address given in
his proof, or, if he has not proved, to the address given in the statement
of affairs of the company, or to such other address as may be known to
the person summoning the meeting.
(3) The notice to each contributory shall be sent to the address
mentioned in the company’s books as the address of such
contributory, or to such other address as may be known to the
person summoning the meeting.
(4) This rule shall not apply to meetings under section 296 or 308 of
the Act.
Proof of notice
115. An affidavit in Form 56 set out in the First Schedule by the
liquidator or his solicitor or the clerk of either of such persons, that the
notice of any meeting has been duly posted, shall be sufficient
evidence of such notice having been duly sent to the person to whom
the notice was addressed.
Chairman of meeting
118.—(1) Where a meeting is summoned by the liquidator, he, or a
person nominated by him, shall be chairman of the meeting.
(2) At every other meeting of creditors or contributories the
chairman shall be such person as the meeting by resolution shall
appoint.
Adjournment
122. The chairman may with the consent of the meeting adjourn it
from time to time and from place to place, and then shall issue a
memorandum in Form 57 set out in the First Schedule but the
adjourned meeting shall be held at the same place as the original place
of meeting unless in the resolution for adjournment another place is
specified or unless the Court otherwise orders.
Quorum
123.—(1) A meeting may not act for any purpose except the
election of a chairman, the proving of debts and the adjournment of
the meeting unless there are present or represented thereat in the case
1
Form 17, First Schedule (memorandum of proceedings at an adjourned first meeting).
Statement of security
129. For the purpose of voting at any meeting in a voluntary
liquidation a secured creditor shall, unless he surrenders his security,
lodge with the liquidator or where there is no liquidator at the
registered office of the company before the meeting a statement giving
the particulars of his security, the date when it was given and the value
at which he assesses it.
Minutes of meeting
130.—(1) The chairman shall cause minutes of the proceedings at
the meeting to be drawn up and fairly entered in a book kept for that
purpose and the minutes shall be signed by him or by the chairman of
the next ensuing meeting.
(2) A list of creditors and contributories present at every meeting
shall be made and kept as in Form 18 set out in the First Schedule.
Form of proxies
132. Every instrument of proxy shall be in accordance with Form 58
or Form 59 set out in the First Schedule.
Special proxies
135. A creditor or a contributory may give a special proxy to any
person to vote at any specified meeting or adjournment thereof —
(a) for or against the appointment or continuance in office of
any specified person as liquidator or member of the
committee of inspection; and
(b) on all questions relating to any matter other than those
referred to above and arising at the meeting or an
adjournment thereof.
Proxies to liquidator
137. A creditor or a contributory in any winding up may appoint the
liquidator or, if there is no liquidator, the chairman of the meeting to
act as his general or special proxy.
Proxies
139.—(1) A proxy intended to be used at the first meeting of
creditors or contributories, or an adjournment thereof, shall be lodged
with the Official Receiver not later than the time mentioned for that
purpose in the notice convening the meeting or the adjourned meeting,
which time shall not be earlier than 12 o’clock noon of the day but one
before, nor later than 12 o’clock noon of the day before the day
appointed for such meeting, unless the Court otherwise directs.
(2) In every other case a proxy shall be lodged with the liquidator
not later than 4 o’clock in the afternoon of the day before the meeting
or adjourned meeting at which it is to be used.
(3) No person who is a minor shall be appointed a general or special
proxy.
Limit of remuneration
143. Except as provided by the Act or these Rules, a liquidator shall
not under any circumstances whatever, make any arrangement for, or
accept from any solicitor, auctioneer, or any other person connected
with the company of which he is liquidator, or who is employed in or
in connection with the winding up of the company, any gift,
remuneration, or pecuniary or other consideration or benefit
whatever beyond the remuneration to which under the Act and
these Rules he is entitled as liquidator, nor shall he make any
arrangement for giving up, or give up any part of the remuneration to
any such solicitor, auctioneer or other person.
BOOKS
Record book
155. In a winding up by the Court the provisional liquidator, until a
liquidator is appointed by the Court, and thereafter the liquidator, shall
keep a book to be called the “Record Book”, in which he shall record
all minutes, all proceedings held and resolutions passed at any
meeting of creditors or contributories, or of the committee of
inspection, and all such matters as may be necessary to give a
correct view of his administration of the company’s affairs, but he
shall not be bound to insert in the Record Book any document of a
confidential nature (such as the opinion of counsel on any matter
affecting the interest of the creditors or contributories), nor need he
exhibit the document to any person other than a member of the
committee of inspection or the Official Receiver.
Cash book
156.—(1) In a winding up by the Court the provisional liquidator,
until a liquidator is appointed by the Court, and thereafter the
INVESTMENT OF FUNDS
Investment of assets in securities and realisation of securities
157.—(1) Where the committee of inspection is of opinion that any
part of the cash balance standing to the credit of the account of the
company in the Companies Liquidation Account should be invested,
the committee shall sign a certificate and request in Form 60 and Form
61 set out in the First Schedule, respectively, and the liquidator shall
transmit such certificate and request to the Official Receiver.
(2) Where the committee of inspection is of opinion that it is
advisable to sell any of the securities in which the moneys of the
company or the company’s assets are invested the committee shall
sign a certificate and request to that effect, and the liquidator shall
transmit such certificate and request to the Official Receiver.
(3) Where in a winding up by the Court in which there is no
committee of inspection a case has in the opinion of the liquidator
arisen under section 321 of the Act for an investment of funds of the
company or a sale of securities in which the company’s funds have
been invested, the liquidator shall sign and transmit to the Official
Receiver a certificate of the facts on which his opinion is founded, and
Liquidator’s accounts
159.—(1) The liquidator shall, at the expiration of 6 months from
the date of the winding up order, and at the expiration of every
succeeding 6 months thereafter until his release, transmit to the
Official Receiver a copy of the Cash Book for such period in
duplicate, together with the necessary vouchers and copies of the
certificates of audit by the committee of inspection.
(2) The liquidator shall forward with the first accounts a summary of
the company’s statement of affairs, showing thereon in red ink the
amounts realised, and explaining the cause of the non-realisation of
such assets as may be unrealised.
(3) The liquidator shall also at the end of every 6 months forward to
the Official Receiver, with his accounts, a report on the position of the
liquidation of the company in such form as the Official Receiver may
direct.
(4) When the assets of the company have been fully realised and
distributed, the liquidator shall immediately send in his accounts to the
Official Receiver, although the 6 months may not have expired.
(5) The accounts sent in by the liquidator shall be verified by him by
statutory declaration.
Expenses of sales
162. Where property forming part of a company’s assets is sold by
the liquidator through an auctioneer or other agent, the gross proceeds
of the sale shall be paid over by the auctioneer or agent, and the
charges and expenses connected with the sale shall afterwards be paid
to the auctioneer or agent, on the production of the necessary
certificate of the Taxing Master.
Powers of Court
164. Where any action, cause or matter brought by or against a
company against which a winding up order has been made is so
transferred the Court may determine and deal with any application,
matter or proceeding which, if the action, cause or matter had not been
transferred, would have been determined in Chambers.
Attendance at taxation
168. The liquidator may attend or be represented on the taxation.
Certificate of taxation
169. Upon the taxation of any bill of costs, charges or expenses
being completed, the Taxing Master shall issue to the person
presenting the bill for taxation his certificate of taxation in Form 65
set out in the First Schedule.
Liquidator’s charges
171.—(1) Where a liquidator or special manager in a winding up by
the Court receives remuneration for his services as such, no payment
shall be allowed on his account in respect of the performance by any
other person of the ordinary duties which are required by the Act or
these Rules to be performed by himself.
(2) Where a liquidator is a solicitor he may contract that the
remuneration for his services as liquidator shall include all
professional services.
Costs
173. No payments in respect of bills of costs, charges or expenses of
solicitors, managers, accountants, brokers or other persons, other than
payments for costs and expenses incurred and sanctioned under
rule 45 and payments of bills which have been taxed and allowed
ATTENDANCE OF LIQUIDATOR
Attendance of liquidator
175. Where the attendance of the liquidator is required in any
proceedings in Court or Chambers, the liquidator need not attend in
person, except in cases where the Court directs him to attend in
person.
OFFICIAL RECEIVER
Appointment
184.—(1) Judicial notice shall be taken of the appointment of the
Official Receiver.
(2) Any person appointed to act for the Official Receiver shall
during his tenure of office have all the status, rights and powers, and
be subject to all the liabilities of the Official Receiver.
Removal
185. When the Official Receiver is removed from his office, notice
of the order removing him shall be published in the Gazette.
Assistants
186. An Assistant Official Receiver shall be an officer of the Court
like the Official Receiver and, subject to the directions of the Court, he
may represent the Official Receiver in all proceedings in Court, or in
any administrative or other matter. Judicial notice shall be taken of the
appointment of an Assistant Official Receiver and he may be
appointed or removed in the same manner as is provided in the
case of the Official Receiver.
Receipt of submission
189C.—(1) Any application, request or document transmitted by
means of the electronic filing system is considered to have been
submitted to and received by the Official Receiver if the last byte of
the transmission is received by the server designated by the Official
Receiver for the receipt of such transmissions.
(2) Any person who files with or sends to the Official Receiver any
application, request or document by means of the electronic filing
system may produce a record of transmission issued through the
MISCELLANEOUS MATTERS
Enlargement or abridgment of time
190.—(1) The Court may, in any case in which it shall see fit, extend
or abridge the time appointed by these Rules or fixed by any order of
the Court for doing any act or taking any proceeding.
Disposal of books
(2) The Court may, at any time during the progress of the
liquidation, on the application of the liquidator or the Official
Receiver, direct that such of the books, papers and documents of the
company or of the liquidator as are no longer required for the purpose
of the liquidation, may be sold, destroyed or otherwise disposed of.
Fees
192.—(1) Fees in accordance with the provisions of the
Second Schedule shall be leviable by the Court.
(2) For taxation of costs, the same fees as are payable in the High
Court shall be leviable.
FORM 1
Rule 7(3)
_____________________________
FORM 1A
Rule 17A(1)
FORM 2
Rule 22(1)
Registrar.
Note: This summons shall be served together with an affidavit in support of the application.
This summons may not be served more than 6 calendar months after the above date unless
renewed by order of the Court.
FORM 3
Rule 22(1)
ORIGINATING SUMMONS
Let all parties concerned attend before the Judge on ___________ (date/time)
on the hearing of an application by the plaintiff that:
(1) a winding up order be made against the defendant; [and
(2) __________be appointed as liquidator of the defendant]; and
(3) [if appropriate] the costs of the proceedings be paid to the plaintiff
out of the assets of the defendant.*
Registrar.
Note: This summons shall be served together with an affidavit in support of the application.
This summons may not be served more than 6 calendar months after the above date unless
renewed by order of the Court.
If a defendant does not attend by his counsel or solicitor at the time and place
abovementioned such order will be made as the Court may think just and expedient.
(Signature)(a)
Note: Any person who intends to appear on the hearing of the winding up application must serve on or send
by post to the (b) notice in writing of his intention to do so. The notice must state the name
and address of the person, or, if a firm, the name and address of the firm, and must be signed by the
person, firm, or his or their solicitor (if any) and must be served, or, if posted, must be sent by post in
sufficient time to reach the abovenamed not later than 12 o’clock noon of the day of 20
(the day before the day appointed for the hearing of the winding up application).
(a) To be signed by the solicitor to the applicant or by the applicant if he has no solicitor.
(b) Solicitor or applicant, as the case may be.
FORM 5
Rule 25(1)
FORM 6
Rule 26(1)
AFFIDAVIT OF SERVICE OF
WINDING UP APPLICATION AND SUPPORTING AFFIDAVIT
ON MEMBERS, OFFICERS OR EMPLOYEES
(Title)
2. [In the case of no member, officer or employee of the company being found
at the registered office or place of business.]
3. [In the case of directions by the Court as to the member or members of the
company to be served.]
FORM 7
Rule 26(1)
AFFIDAVIT OF SERVICE OF
(Title)
The said winding up application and supporting affidavit is now produced and
shown to me, collectively marked ‘A’.
FORM 8
Rule 28(1)
FORM 9
Rule 29(1)
(Title)
The following are the names of those who have given notice of their intention to
attend the hearing of the winding up application herein, on the day
of 20 .
Name and Contri
address of Creditors butories
Oppos Support
Name Address solicitors of amount of number
ing ing
party who has debt of
given notice shares
FORM 10
Rule 34(1)
(Title)
To the Liquidator
Date of filing of
Registered office Applicant’s
Name of company winding up
of company solicitor
application
FORM 11
Rule 34(1)
Note:
(a) All creditors of the abovenamed company should file their proof of
debt with the liquidator who will be administering all affairs of the
company.
FORM 12
Rule 34(3)
(Title)
The day of 20 .
Upon the application of the abovenamed [or A.B., of etc., a creditor (or
contributory) of the abovenamed company], on the day of 20 ,
preferred unto the Court, and upon hearing for applicant, and
for ,and upon reading the winding up application, an affidavit of
, filed, & c., supporting the winding up application, an affidavit of L.M.,
filed the day of 20 , the Gazette of the day of
20 , the newspaper of the day of 20
[enter any other papers], each containing an advertisement of the winding up
application [enter any other evidence], this Court do order:
Note: It will be the duty of such of the persons as are liable to make out or
concur in making out a statement of affairs as the Provisional
Liquidator may require, to attend on him at such time and place as he
may appoint and to give him all information he may require.
FORM 13
Rule 35(1)
(Title)
Upon the application, & c., and upon reading, & c., the Court do hereby
appoint the Official Receiver of A.B. an approved liquidator to be Provisional
Liquidator of the abovenamed company until the making of a winding up order
herein or until further order. The duties to be performed by the Provisional
Liquidator are as follows:
The nature and description of the property of which the Provisional Liquidator
is as follows:
FORM 14
Rule 109
(Title)
(Under the Order for winding up the abovenamed company dated the
day of 20 .)
Notice is hereby given that the first meeting of creditors in the above matter
will be held at on the day of 20 at
o’clock in the noon.
To entitle you to vote thereat your proof must be lodged with me not later
than o’clock on the day of 20 .
Forms of proof and of general and special proxies are enclosed herewith.
Proxies to be used at the meeting must be lodged with me not later than
o’clock on the day of 20 .
NOTE
FORM 15
Rule 109
(Title)
NOTE
FORM 16
Rule 110(1)
(Title)
To (b)
FORM 17
Rule 123(1)
MEMORANDUM OF PROCEEDINGS
AT ADJOURNED FIRST MEETING
(No quorum)
(Title)
FORM 18
Rule 123(4) and 130(1)
(Title)
. . .
Number Name of creditors (a) present or represented Amount of
proof (b)
1
2
3
4
5
6
7
8
9
Total number of creditors (a) present or
represented.
FORM 19
Rule 46(1)
I, A.B., the Official Receiver of the Court (or, as the case may be) chairman of
a meeting of the creditors (or contributories) of the abovenamed company
summoned by advtisement (or notice) dated the day of 20 ,
and held on the day of 20 at in the ,
do hereby report to the Court the result of such meeting as follows:
The question submitted to the meeting was, whether the creditors (or
contributories) of the company wished that (here state proposal submitted to the
meeting).
The meeting was unanimously of opinion that the proposal should (or should
not) be adopted: (or the result of the voting upon such question was as
follows:) (a)
. . .
Resolutions at Voting on resolutions
meetings
For Against
No. Amount. No. Amount.
FORM 20
Rule 46(1)
(Title)
The day of 20 .
Upon the application of the Official Receiver and Provisional Liquidator of
the abovenamed company, by summons dated and upon hearing the
applicant in person and reading the order to wind up the said company dated
, 20 , and the reports of the Official Receiver of the results of the meetings
And it is ordered that the liquidator do within 7 days from the date of this
Order give security to the satisfaction of the Official Receiver as provided by the
Companies (Winding Up) Rules.
And notice of this Order is to be published in the Gazette and advertised in the
.
FORM 21
Rule 47
(Title)
FORM 22
Rule 46(1)
ADVERTISEMENT OF APPOINTMENT
OF LIQUIDATOR
FORM 23
Rule 53(1)
(Title)
Upon reading the reports of the Liquidator in the above matter, dated
respectively the day of 20 , the day of 20 , and
IT IS ORDERED that the several persons whose names and addresses are set
forth in the schedule hereto do attend before the Court on a day and at a place to be
named for the purpose, and be publicly examined as to the promotion or
formation of the company, and as to the conduct of the business of the company,
and as to their conduct and dealings as directors or officers of the company.
Connection with
Name Address
the Company
FORM 24
Rule 53(1)
(Title)
(Title)
NOTICE is hereby given that you are required to attend at the said time and
place, and at any adjournments of the examination which may be ordered, and to
bring with you and produce all books, papers and writings and other documents in
your custody or power in any way relating to the abovenamed company.
AND TAKE NOTICE that if you fail, without reasonable excuse, to attend at
such time and place, and at the adjournments of the public examination which
may be ordered, you will be liable to be committed to prison without further
notice.
To Liquidator.
(Title)
Liquidator.
Before
FORM 27
Rule 57(1)
(Title)
These are the notes of the public examination referred to in the memorandum
of public examination of , taken before me this day of
20 .
(a) Mr. ............an officer [or, as the case may be] of the abovenamed
company.
_________________________
FORM 28
Rule 57(1)
(Title)
These are the notes of the public examination referred to in the memorandum
of public examination of , taken before me this day of
20 .
(a) Mr ............an officer [or, as the case may be] of the abovenamed company.
FORM 29
Rule 58
(Title)
WHEREAS by evidence taken upon oath, it has been made to appear to the
satisfaction of the Court that by Order of the Court dated the day of
20 , and directed to (a) he was directed to attend personally
at the (b) and be examined before (c) , which Order was
afterwards, as has been duly proved on oath, duly served upon the said (a) [or, that
there is probably reason to suspect and believe that the said (a) , has
AND WHEREAS the said (a) did without good cause fail to attend
on the day of 20 , for the purpose of being examined,
according to the requirements of the Order of this Court made on the day of
20 , directing him so to attend.
These are therefore to require you the Sheriff of our said Court to take the said
(a) and to deliver him to the Director of Prisons, and you the Director
to receive the said (a) and to keep him safely in the Civil Prison until
such time as this Court may order.
Given under my hand and the seal of the Court this day of 20
.
Registrar
FORM 30
Rule 59(1)
NOTICE OF DISCLAIMER
(Title)
Liquidator
FORM 31
Rule 59(1)
(Title)
Take notice that, pursuant to an Order of the Court, dated the day of
20 . I, , the Liquidator of the abovenamed company, by
writing under my hand bearing date the day of 20
disclaimed premises (insert description of the property disclaimed) which were
demised to at a rent of $ per annum for a term of
The abovementioned notice of disclaimer has been filed at the office of the
Registrar at (state address).
Liquidator
FORM 32
Rule 64(1)
(Title)
(Signature)
Liquidator.
To (b)
(Address)
(a) Name of liquidator.
(b) Name of person to whom notice is addressed.
(c) Address of liquidator’s office.
(Title)
In the first part of the list, the persons who are contributories in their own right
are distinguished.
In the second part of the list, the persons who are contributories as being
representatives of, or being liable to the debts of others, are distinguished.
FIRST PART
CONTRIBUTORIES IN THEIR OWN RIGHT
. . . . .
Number of
Serial shares (or
Name Address Description
No. extent of
interest)
SECOND PART
. . . . . .
Number of
In what shares (or
Serial
Name Address Description character extent of
No.
included interest)
FORM 34
Rule 68
(Title)
Liquidator.
. . . . . .
No. on Name Address Description In what Number of shares
list character (or extent of
included interest)
FORM 35
Rule 69
CERTIFICATE OF LIQUIDATOR OF
FINAL SETTLEMENT OF THE LIST
OF CONTRIBUTORIES
(Title)
Pursuant to the Companies Act (Cap. 50) and to the rules made thereunder, I,
the undersigned, being the Liquidator of the abovenamed
company, hereby certify that the result of the settlement of the list of
contributories of the abovenamed company, so far as the list has been settled, up
to the date of this certificate, is as follows:
1. The several persons whose names are set forth in the second column of
the First Schedule hereto have been included in the list of contributories as
contributories of the said company in respect of the (a) set
opposite the names of such contributories respectively in that Schedule.
I have, in the first part of that Schedule, distinguished such of the several
persons included in the list as are contributories in their own right.
2 The several persons whose names are set forth in the second column of
the Second Schedule hereto, and were included in the provisional list of
contributories, have been excluded from the list of contributories.
3 I have, in the sixth column of the first part of the First Schedule and in
the seventh column of the second part of the First Schedule and in the same
column of the Second Schedule, set forth opposite the name of each of the several
persons respectively the date when such person was included in or excluded from
the said list of contributories.
FIRST PART
CONTRIBUTORIES IN THEIR OWN RIGHT
. . . . . .
Serial Name Address Description Number of Date when
No. in shares (or included in the
list extent of list
interest)
SECOND PART
CONTRIBUTORIES AS BEING REPRESENTATIVES OF
OR LIABLE TO THE DEBTS OF OTHERS
. . . . . . .
Number of
Serial In what Date when
Descrip shares (or
No. in Name Address character include in
tion extent of
list included the list
interest)
. . . . . . . . .
Date
In what Number of
Serial when
Addres Descrip character shares (or
No. in Name exclude
s tion proposed to extent of
list from the
be included interest)
list
FORM 36
Rule 70
NOTICE TO CONTRIBUTORY OF
FINAL SETTLEMENT OF LIST OF CONTRIBUTORIES
AND THAT HIS NAME IS INCLUDED
(Title)
Any application by you to vary the said list of contributories or, that your
name may be excluded therefrom, must be made by you to the Court within 21
days from the service on you of this notice, or the application will not be
entertained.
The said list may be inspected by you at the chambers of the Registrar at (a)
on any day between the hours of and
(Signature)
Liquidator.
To Mr.
[or to Mr.
his solicitor].
. . . . . . . .
No. Name Address Description In what Number of
on list character shares (or extent
included of interest)
FORM 37
Rule 72(1)
(Title)
1. The following is a list of persons who, since making out the list of
contributories herein, dated the day of 20 , I have ascertained
are, or have been, holders of shares in [or members of] the abovenamed company,
and to the best of my judgment are contributories of the company.
2 The said supplemental list contains the names of such persons together with
their respective addresses and the number of shares (or extend of interest) to be
attributed to each.
3. In the first part of the list such of the persons as are contributories in their
own right are distinguished.
4 In the second part of the list such of the persons as are contributories as
being representatives of, or being liable to the debts of others, are distinguished.
[The supplemental list is to be made out in the same form as the original list.]
___________________
FORM 38
Rule 73
(Title)
Annexed hereto is a statement showing the necessity for the proposed call and
the amount required.
(Signature)
Liquidator.
1. The amount due in respect of proofs admitted against the company, and the
estimated amount of the costs, charges, and expenses of the winding up, form in
the aggregate the sum of $ or thereabouts.
3. The list of contributories has been duly settled, and persons have been
settled on the list in respect of the total number of shares.
4. For the purpose of satisfying the several debts and liabilities of the
company and of paying the costs, charges and expenses of the winding up, I
estimate that a sum of $ will be required in addition to the amount of the
company’s assets hereinbefore mentioned.
(Annex tabular statement showing amounts of debts, costs, etc., and of assets)
(a) To be a date not less than 7 days from the date when the notice will in course of post reach the
person to whom it is addressed.
FORM 39
Rule 73
ADVERTISEMENT OF MEETING OF
COMMITTEE OF INSPECTION TO SANCTION
(Title)
Each contributory may attend the meeting, and be heard or make any
communication in writing to the Liquidator or the members of the committee of
inspection in reference to the intended call.
A statement showing the necessity of the proposed call and the purpose for
which it is intended may be obtained on application to the Liquidator at his office
at (a)
Liquidator.
(a) Insert address.
FORM 40
Rule 73
RESOLUTION OF COMMITTEE OF
INSPECTION SANCTIONING CALL
(Title)
Resolved that a call of $ per share be made by the liquidator on all the
contributories of the company [or, as the case may be].
(Signature)
Members of the Committee
of Inspection.
FORM 41
Rule 76
(Title)
The amount due from you in respect of the call is the sum of $ . This
sum should be paid by you direct to me at my office (a) on or before
the day of 20 .
To Mr.
Liquidator.
Note: If you do not pay the sum due from you by the date mentioned, interest
will be claimed on such sum at the rate of 4% per annum from that date until
payment.
FORM 42
Rule 74(1)
(Title)
Let the several persons whose names and addresses are set forth in the second
column of the Schedule hereto, being contributories of the abovenamed company,
as shown in the third column of the Schedule, attend at on the
day of 20 at o’clock in the noon on the hearing of an
application on the part of the (Official Receiver and) Liquidator, of the company
for an order that he may be at liberty to make a call to the amount of $
per share on all the contributories (or, as the case may be) of the company.
To
Note: If you do not attend either in person or by your solicitor, at the time and
place abovementioned, such order will be made and proceedings taken as the
Court may think just and expedient.
THE SCHEDULE
. . .
FORM 43
Rule 74(1)
AFFIDAVIT OF LIQUIDATOR
IN SUPPORT OF PROPOSAL FOR CALL
(Title)
1. I have in the schedule now produced and shown to me, and marked with the
letter “A”, set forth a statement showing the amount due in respect of the debts
proved and admitted against the said company, and the estimated amount of the
costs, charges and expenses of and incidental to the winding up the affairs thereof,
and which several amounts form in the aggregate the sum of $ or
thereabouts.
2. I have also in the said schedule set forth a statement of the assets in hand
belonging to the company, amounting to the sum of $ and no more. There
are no other assets belonging to the company, except the amounts due from
certain of the contributories of the company, and, to the best of my information
and belief, it will be impossible to realise in respect of the amounts more than the
sum of $ or thereabouts.
4. For the purpose of satisfying the several debts and liabilities of the company
and of paying the costs, charges and expenses of and incidental to the winding up
the affairs thereof, I believe the sum of $ will be required in addition to the
amount of the assets of the company mentioned in the Schedule A, and the sum of
$ .
FORM 44
Rule 74(1)
In the matter of
Liquidator.
(Title)
The day of 20 .
FORM 46
Rule 75
(Title)
FORM 47
Rule 76
(Title)
The amount due from you, A.B., in respect of the call made pursuant to leave
given by the above [or within] order is the sum of $ , which sum is to be
paid by you to me as the Liquidator of the said company at my office, No.
Street/Road.
To Mr. A.B.
Liquidator.
Note: If you do not pay the sum due from you by the date mentioned, interest will be claimed on such sum at
the rate of 4% per annum from that date until payment.
FORM 48
Rule 92
(Title)
And further take notice that subject to the power of the Court to extend the
time, no application to reverse or vary my decision in rejecting your proof will be
entertained after the expiration of (b) days from this date.
Signature
FORM 49
Rule 91
(Title)
FORM 50
Rule 91
(Title)
Take notice that a final dividend is intended to be declared in the above matter,
and that if you do not establish your claim to the satisfaction of the Court on or
before the day of 20 , or such later day as the Court may
fix, your claim will be expunged, and I shall proceed to make a final dividend
without regard to such claim.
Liquidator.
(Address)
To X.Y.
FORM 51
NOTICE OF DIVIDEND
FORM 52
Rule 101(1)
(Title)
I
And We further request that the cheque or cheques drawn in respect of such
dividends may be made payable to the order of the said whose
receipt shall be sufficient authority to you for the issue of such cheque or cheques
in his name.
Signature.
Witness to the signature
of
Date
Specimen signature of
person appointed as above.
Witness to the signature of
person appointed as above.
FORM 53
FORM 54
Rule 102
Address
$
Total called-up value
c.
$
Total paid-up value
c.
$
Arrears of calls at date of return
c.
$
Previous return of capital appropriated by liquidator for arrears of calls
c.
Companies (Winding Up) Rules
FIRST SCHEDULE — continued
$
Amount of return payable at per share
c.
$
Net return payable
c.
Date and particulars of transfer of interest or other variation in list
p. 121
p. 122 2006 Ed.] Companies (Winding Up) Rules [CAP. 50, R 1
FIRST SCHEDULE — continued
FORM 55
Rule 112(1)
(Title)
Take notice that a meeting of creditors (or contributories) in the above matter
will be held at on the day of 20 at o’clock.
Agenda
(a)
FORM 56
Rule 115
(Title)
2. That the notices for creditors (or contributories) were addressed to the said
creditors (or contributories) respectively, according to their respective names and
addresses appearing in the statement of affairs of the company.
3. That I sent the said notices by putting the notices prepaid into the post
office at before the hour of o’clock in the noon on the said day.
FORM 57
Rule 122
Chairman.
FORM 58
Rule 132
GENERAL PROXY
(Title)
NOTES
1. The authorised agent of a corporation may fill up blanks, and sign for the
corporation thus:
2. The person appointed general proxy must be either the Official Receiver or
a person in the regular employ of the creditor [or contributory].
(Signature)..............................
The proxy must be lodged with the Official Receiver or Liquidator not later
than the time named for that purpose in the notice convening the meeting at which
it is to be used.
(a) If a firm write “We” instead of “I”, and set out the full name of the firm.
FORM 59
Rule 132
SPECIAL PROXY
(Title)
Signature of witness.
Address
NOTES
(b) on all questions relating to any matter, other than those above referred to,
arising at a specified meeting or adjournment thereof.
2. The authorised agents of a corporation may fill up blanks and sign for the
corporation thus ‑
(Signature) ................................
The proxy must be lodged with the Official Receiver or Liquidator not later
than the time named for that purpose in the notice convening the meeting at which
it is to be used.
_____________________________
FORM 60
Rule 157 (1)
(Title)
We, the Committee of Inspection in the above matter, hereby certify that in
our opinion the cash balance standing to the credit of the abovenamed company in
the Companies Liquidation Account is in excess of the amount which is required
for the time being to answer demands in respect of the company’s estate, and
request that the Official Receiver will place the sum of $ upon fixed
deposit for the space of months with the for the benefit of
the company.
............................................. }
............................................. } Committee of Inspection.
............................................. }
FORM 61
Rule 157(1)
(Title)
We, the Committee of Inspection in the above matter, hereby certify that a
sum of $ , forming part of the assets of the abovenamed company, has
been placed on fixed deposit with the and that the sum of $
is now required to answer demands in respect of the company. And we request
that so much of the fixed deposit as may be necessary for the purpose of
answering the demands may be withdrawn by the Official Receiver, and placed to
the credit of the company.
............................................. }
............................................. } Committee of Inspection.
............................................. }
FORM 62
Rule 158
(Title)
............................................. }
............................................. } Committee of Inspection.
............................................. }
FORM 63
Rule 161
(Title)
G.H. the Liquidator of the abovenamed company in account with the estate.
RECEIPTS PAYMENTS
Dr. Cr.
Date Date
.............................................
Liquidator
.
(Date)
We have examined this account with the vouchers and find the same correct,
and we are of opinion the expenditure has been proper.
FORM 64
Rule 165
(Title)
I hereby request that you will, within days of this date, or such
further time as the Court may allow, deliver for taxation by the proper officer,
your bill of costs [or charges] as (a) failing which, I shall, in pursuance
of the Companies Act (Cap. 50) and the Companies (Winding Up) Rules, proceed
________________________
FORM 65
Rule 169
CERTIFICATE OF TAXATION
(Title)
I hereby certify that I have taxed the bill of costs [or charges] [or expenses] of
C.D. [here state capacity in which employed or engaged] [where necessary add
“pursuant to an order of the Court dated the day of 20 ’’],
and have allowed the same at the sum of dollars [where
necessary add “which sum is to be paid to the said C.D. by as directed by the said
order”].
...................................
Registrar
____________
$___________
(Title)
Liquidator.
To
Note: Section 276(4) of the Companies Act (Cap. 50) states that an order of the Court 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 relation to his conduct as
liquidator, but any such order may be revoked on proof that it was obtained by fraud or by
suppression or concealment of any material fact.
FORM 67
Rule 149
APPLICATION BY LIQUIDATOR
TO THE COURT FOR RELEASE
(Title)
1. That the whole of the property of the company has been realised for the
benefit of the creditors and contributories [and a dividend to the amount of $
per centum has been paid as shown by the statement hereunto annexed, and a
return of per share has been made to the contributories of the company];
[or That so much of the property of the company as can, according to the joint
opinion of myself and the committee of inspection hereunto annexed in writing
under our hands, be realised without needlessly protracting the liquidation, has
been realised, as shown by the statement hereunto annexed, and a dividend to the
amount of $ per centum has been paid, together with a return of per
share to the contributories of the company] (a) .
Liquidator.
(a) Add if necessary “That the rights of the contributories between themselves have been
adjusted.”.
FORM 68
(Title)
Dr.
Cr.
FORM 69
Rule 91 and 101(1)
Date of filing
Address of
Name of Number of of winding
registered Court Date of order
company matter up
office
application
Address Names of
Date fixed
Name of of Number persons to
Court for Hour Place
company registered of matter be
examination
office examined
Address
Date fixed First and
Name of of Number When Where
Court for final or
company registered of matter payable payable
examination otherwise
office
Address
First and
Name of of Number Amount When Where
Court final or
company registered of matter per share payable payable
otherwise
office
Address of
Name of Number Liquidator’s Liquidator’s Date of
registered Court
company of matter name address removal
office
Address of
Name of Number Liquidator’s Liquidator’s Date of
registered Court
company of matter name address release
office
FORM 70
Rule 20
MEMORANDUM OF ADVERTISEMENT
OR GAZETTING
(Title)
SECOND SCHEDULE
Rule 192(1)
FEES
. $
1. Every winding up application 75
2. Every bond with sureties 10
3. Every subpoena or summons 4
4. On issuing an office copy of a judgment or order made in Court
(except an order upon an application for winding up, an order
adjourning a public examination, and an order appointing a
shorthand writer) —
( a) if made in Court 20
( b) if not made in Court 10
5. Every order adjourning a public examination 10
6. Every order appointing a shorthand writer 10
7. Every affidavit filed 10
8. For taking an affidavit or an affirmation in lieu of an affidavit, or 4
a declaration, except for proof of debts, for each person making the
same
And in addition thereto for each exhibit referred to therein and 1
required to be marked
9. [ Deleted by S 184/1998 wef 01/04/1998]
10. [Deleted by S 587/2013 wef 15/10/2013]
11. Every other office copy, each folio of 100 words 1
12. On every application to the Court to approve a reconstruction 100
or other scheme by which the affairs of the company are to be
wound up otherwise than by the realisation and distribution of
assets
13. On every order of the Court approving such reconstruction or
scheme, a fee according to the following scale on the estimated