COMPANIES FORM No. 1
FORM OF ORDER-[Rules 8 (2).]
In the District Court of
In the Matter of the Company, Limited,
and
In the Matter of the companies Law, 1951.
Upon the application of the petitioners by summons dated ..................., and upon hearing the advocate for the petitioners, and on reading the petition presented to the Court, the affidavit of (in support of petition), the affidavit of (service of notices convening meetings) and the exhibits therein respectively referred to. And it appearing that the special resolution for the reduction of the capital of the said company referred to in the said petition has been duly passed. [It is ordered that section 64 (2) of the Law shall not apply to (here set out class of creditors to whom section 64 (2) of the Law is not to apply) and] it is ordered, that an inquiry be made what are the debts, claims and liabilities of or affecting the said company on the day of ...........................,19...................., [other than debts, claims or liabilities in respect of (here set out any debts, claims or liabilities which have been excluded from the provisions of section 64 (2) of the Law by the earlier part of the order)] and that notice of the presentation of the said petition and that a list of creditors to whom such inquiry extends is to be made out as of the said day of ..........................19...............,be inserted in [the newspapers] on the day of ...................., and [other times of insertion].
And it is ordered that the said list and an office copy of the affidavit verifying the same be left with the Registrar of the Court within days of the date hereof.
COMPANIES FORM No. 2.
AFFIDAVIT VERIFYING LIST OF CREDITORS-[Rule 9 (b).]
[Heading as in Form 1.]
I, A.B., of ..............................................., make oath and say as follows:-
1. The paper writing now produced and shown to me, and marked with the letter A, contains a list of creditors of and persons having claims upon the said company on the ...................... day of, 19...............(the date fixed by the order in this matter dated .............19................), together with their respective addresses, and the nature and amount of their respective debts or claims and such list is, to the best of my knowledge, information and belief, a true and accurate list of such creditors and persons having claims on the day aforesaid.
2. To the best of my knowledge and belief there was not, at the date aforesaid, any debt, claim or liability which, if such date were the commencement of the winding-up of the said company would be admissible in proof against the said company other than and except the debts, claims and liabilities set forth in the said list and debts, claims and liabilities to which the inquiry directed by the order made herein and dated the ................... day of ...................., 19.................,does not extend I am enabled to make this statement from the facts within my knowledge as the .............................of the said company, and from information derived upon investigation of the affairs and the books, documents and papers of the said company.
Sworn, etc.
List of Creditors referred to in the last Form.
A
IN THE MATTER OF ...................................COMPANY, LIMITED; AND IN THE MATTER OF THE COMPANIES LAW, 1951.
This list of creditors marked A was produced and shown to A.B., and is the same list of creditors as is referred to in his affidavit sworn before me this ................ day of ............................,19.................
X.Y., etc.
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Names, Addresses and Descriptions of the Creditors. |
Nature of Debt or Claim. |
Amount or Estimated value of Debt or Claim. |
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COMPANIES FORMS No. 3.
NOTICE TO CREDITORS-[Rule 9 (d).]
[Heading as in Form 1.]
To Mr.
You are requested to take notice that a petition has been presented to the District Court of ..............., for confirming the reduction of the capital of the above company from £ ................,to £ ..........., and that by an order dated ....................., 19........................, an inquiry was directed as to the debts, claims and liabilities of the said Company as on the ......................19.................[other than the debts, claims and liabilities in respect of (here set out the nature of debts, claims or liabilities to which the inquiry does not extend)]. In the list of persons admitted by the company to have been on the ....................... day of ............................................. creditors of the company for debts, claims and liabilities to which such inquiry extends your name is entered as a creditor [here state the amount of the debt or nature of the claim].
If you claim in respect of any such debt, claim or liability to have been on the last-mentioned day a creditor to a larger amount than is stated above, you must, on or before the ...................... day of ....................., send your name and address, the particulars of your claim and the name and address of your advocate (if any) to the undersigned at ......................... In default of your so doing the above entry in the list of creditors will in all the proceedings under the above application to reduce the capital of the company be treated as correct.
Dated this ....................day of ...................., 19........................
A. B.,
Advocate for the said Company.
COMPANIES FORM No. 4.
ADVERTISEMENT OF PETITION AND LIST OF CREDITORS-[Rule 9 (e).]
[Heading as in Form 1.]
Notice is hereby given that a petition for confirming the reduction of the capital of the above company from £ ...............to £ .................... was, on the .................... day of .................., 19............., presented to the District Court ............................ of and is now pending. And that by an order dated ..............., 19........, an inquiry was directed as to the debts, claims or liabilities of the said company as on the .................19............ [other than debts, claims and liabilities in respect of (here set out the nature of the debts, claims and liabilities to which the inquiry does hot extend)]. A list of the persons admitted to have been creditors of the company for debts, claims and liabilities to which the said inquiry extends on the said ............................ day of ....................., 19..........., may be inspected at ....................... the offices of the company, at ........................... or at the office of ................. at any time during usual business hours, on payment of the charge of one shilling.
Any person who claims to have been on the said .................. 19.................., and still to be, a creditor of the company in respect of any such debt, claim or liability and who is not entered on the said list and claims to be so entered, must, on or before the .......................... day of ....................., send in his name and address, and the particulars of his claim, and the name and address of his advocate (if any), to the undersigned at ...................., or in default thereof he will be precluded from objecting to the proposed reduction of capital.
And take further notice that by an Order dated the ........................,19.............., the Court gave leave that the notice required by paragraph (d) of Rule 9 of these rules to be served on creditors of the above-named company should be served on the holders of the debentures of the said company [whose names and addresses are unknown to the company] [on the creditors named in the [first part of the] Schedule hereto (whose addresses are unknown to the company)] and/or on the creditors named in the [second part of the] Schedule hereto (who are believed to be dead), [or as may be] by the insertion of this advertisement in the following newspapers, namely:
[The Schedule above referred to.]
Dated this ......................... day of ..................., 19.............
A.B.,
Advocate for the said Company.
COMPANIES FORM No. 5.
AFFIDAVIT IN ANSWER TO INQUIRY-[Rule 9 (f).]
[Heading as in Form 1]
We C.D., of etc., [the secretary of the said company], E.F., of etc., [the advocate of the said company] and A.B., of etc., [the managing director of the said company], severally make oath and say as follows:-
I, the said C.D., for myself, say as follows:-
1. I did, on the .............. day of ................, 19.............,in the manner hereinafter mentioned, served a true copy of the notice now produced and shown to me, and marked B, upon each of the respective persons whose names, addresses and descriptions appear in the first column of the List of Creditors, marked A, referred to in the affidavit of ................. filed on the day .................. of, 19.................
2. I served the said respective copies of the said notice by putting such copies respectively duly addressed to such persons respectively, according to their respective names and addresses appearing in the said list (being the last known addresses or places of abode of such persons respectively), and with the proper postage stamps affixed thereto as prepaid letters, into the post office ...................., in ....................... between the hours of .................... and ............... of the clock in the ..................... noon of the said .................. day of ..............
In each copy of the notice when served the blank space appearing in the said Exhibit B was filled up by inserting therein the nature of the debt, claim, or liability and the amount or estimated value thereof as set out in the said List of Creditors marked A so far as the same is applicable to the person on whom such copy notice was served.
And I, the said E.F., for myself, say as follows:-
3. A true copy of the notice now produced and shown to me and marked C, has appeared in the .............. of the ................. day of .....................,19..........., the ............. of the ................. day of ..............., 19............, etc.
4. I have, in the paper writing now produced and shown to me, and marked D, set forth a list of all claims, the particulars of which have been sent in to me pursuant to the said notice B, now produced and shown to me by persons claiming to be creditors of the said company for larger amounts than are stated in the list of creditors, marked A, referred to in the affidavit of ...................., filed on the ............... day of ..................., 19............
[(or) No person has sent in to me pursuant to the said Notice B a claim to be entered on the said list for a larger sum than that in respect of which he is entered in the said list A.]
5. I have in the paper writing now produced and shown to me, marked E, set forth a list of all claims, the particulars of which have been sent in to me pursuant to the notice referred to in the third paragraph of this affidavit by persons claiming to be creditors of the said company on the ........................ day of ................, 19..........., not appearing on the said List of Creditors, marked A, and who claimed to be entered thereon.
[(or) No claims have been sent in to me pursuant to the notice referred to in paragraph 3 hereof by persons not entered on the said list A and claiming to be so entered.]
And we, C.D. and A.B., for ourselves, say as follows:-
6. We have, in the first part of the said paper writing, marked D (now produced and shown to us) and also in the first part of the said paper writing marked E (also produced and shown to us), respectively set forth such of the said debts and claims as are admitted by the said company to be due wholly or in part, and how much is admitted to be due in respect of such of the same debts and claims respectively as are not wholly admitted, and such of the same debts and claims as the company contends are wholly or as to any and what part thereof not included in the inquiry in this matter.
7. We have, in the second part of each of the said paper writings, marked D and E, set forth such of the said debts and claims as are wholly disputed by the said company, and such of the same debts and claims as the company contends would even if admitted be wholly or as to any and what part thereof not included in the inquiry in this matter.
8. In the said exhibits D and E, are distinguished such of the debts the full amounts whereof are proposed to be appropriated in such manner as the Judge shall direct.
And I, the said C.D., further say:-
The exhibit now produced and shown to me marked F contains the (invoices and) receipts and the written consents of such of the persons named in the said list A (and in the said exhibits D and E) as have been paid by the said company or have consented to the proposed reduction of capital.
The said company is willing to set apart and appropriate the full amount of the debts, claims and liabilities specified in the said list A (and in the said exhibits D and E) in respect of which consents have not been obtained or which the said company has not paid and discharged.
All rent rates, taxes, salaries, wages and other incidental expenses current on the said ................., 19..........., and since become due have been paid and discharged by the said company.
Sworn, etc.
Exhibit D, referred to in the last-mentioned Affidavit.
D
IN THE MATTER, ETC.,
List of debts and claims of which the particulars have been sent in to ..................................... by persons claiming to be creditors of the said company for larger amounts than are stated in the List of Creditors made out by the company.
This paper writing, marked D, was produced and shown to C.D., E.F., and A.B., respectively and is the same as is referred to in their affidavit sworn before me this ............. day of ................, 19...............
X. Y., ETC.
FIRST PART.
Debts and Claims wholly or partly admitted by the Company.
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Names Addresses and Descriptions of Creditors. |
Particulars of Debt or Claim. |
Total amount claimed. |
Amount admitted by the Company to be within the inquiry and to be owing to Creditor. |
Debts proposed to be appropriated in full, although disputed. |
Amount admitted by the Company to be owing to the Creditor but which it is contended are not within the inquiry. |
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SECOND PART.
Debts and Claims wholly disputed by the Company.
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Names Addresses and Descriptions of Claimants. |
Particulars of Claims. |
Total amount claimed. |
Debts proposed to be appropriated in full, although disputed. |
Amount which, even if admitted, it is contended would not be within the inquiry. |
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Exhibit E, referred to in the last Affidavit.
E
IN THE MATTER, ETC.
List of debts and claims of which the particulars have been sent in to Mr. ............................... by persons claiming to be creditors of the company, and to be entered on the list of the creditors made out by the company.
This paper writing marked E was produced and shown to C.D., E.F., and A.B., respectively, and is the same as is referred to in their affidavit sworn before me this ................... day of ..................., 19........................
X.Y., ETC.
FIRST PART.
[Same as in Exhibit D.]
SECOND PART.
[Same as in Exhibit D.]
NOTE.-The names are to be inserted alphabetically.
COMPANIES FORM No. 6.
NOTICE TO CREDITORS TO COME IN AND PROVE-[Rule 9 (g).]
[Heading as in Form 1.]
To Mr.
You are hereby required to come in and prove (or establish your title to be entered in the List of Creditors in this matter in respect of) the debt claimed by you against the above company, by filing your affidavit and giving notice thereof to Mr......................., the advocate of the company, on or before the ......................... day of .................. next; and you are to attend by your advocates at the District Court of ....................... on the ............ day of ................, 19..............,at ...................... o’clock in the ............. noon, being the time appointed for hearing and adjudicating upon the claim, and produce any securities or documents relating to your claim.
In default of your complying with the above directions, you will [be precluded from objecting to the proposed reduction of the capital of the company], or [in all proceedings relative to the proposed reduction of the capital of the company be treated as a creditor for such amount only as is set against your name in the list of creditors].
Dated this ................. day of .................., 19................
A.B.,
Advocate for the said Company.
COMPANIES FORM No. 7.
ADVERTISEMENT OF HEARING OF PETITION-[Rule 9 (1).]
[Heading as in Form 1.]
Notice is hereby given, that a petition presented to the District Court of ............... on the .............. day of ............... for confirming the reduction of the capital of the above company from £ ..................... to £ ................ is directed to be heard before ................... on the .............. day of ................, 19..................
Dated this ............. day of .................., 19................
A.B.,
Advocate for the said Company.
COMPANIES FORM No. 8.
FORM OF ORDER UNDER SECTION 199 OF THE COMPANIES LAW, 1951.
[Rule 11.]
[Title.]
ORDER that all the property rights and powers of the transferor company specified in the first, second and third parts of the Schedule hereto and all other the property rights and powers of the transferor company be transferred without further act or deed to the transferee company and accordingly the same shall pursuant to section 199 (a) of the Companies Law, 1951, be transferred to and vest in the transferee company for all the estate and interest of the transferor company therein but subject nevertheless to all charges or mortgages now affecting the same [other than (here set out any charges or mortgages which by virtue of the compromise or arrangement are to cease to have effect)]. And it is Ordered that all the liabilities and duties of the transferor company be transferred without further act or deed to the transferee company and accordingly the same shall pursuant to section 199 (2) of the Companies Law, 1951, be transferred to and become the liabilities and duties of the transferee company. And it is Ordered that all proceedings now pending by or against the transferor company be continued by or against the transferee company. And it is Ordered that the transferee company do without further application allot to such members of the transferor company as have not given such notice of dissent as is required by clause of the scheme of compromise or arrangement herein the shares in the transferee company to which they are entitled under the said scheme. And it is Ordered that the transferor company do within 10 days after the date of this order cause an office copy of this order to be delivered to the Registrar of Companies for registration and on such office copy being so delivered the transferor company shall be dissolved and the Registrar of Companies shall place all documents relating to the transferor company and registered with him on the file kept by him in relation to the transferee company and the files relating to the said two companies shall be consolidated accordingly.
Liberty to apply.
The Schedule.
PART I.
(Insert a short description of the immovable property of the transferor company).
PART II.
(Insert a short description of all stocks, shares, debentures and other choses in action of the transferor company).