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Winding Up - Law Dictionary Search Results

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Novation

companies there is nothing to prevent novation if established by sufficient evidence. Many such cases arose in the winding-up of the Albert Company and the European Company, which will be found collected in Buckley on Companies. Substitution

Official liquidators

Official liquidators, officers appointed to conduct the proceedings and to assist the court in winding up a joint-stock company, (English) Companies Act, 1862, s. 92. See now (English) Companies Act, 1929, s. 185, replacing

Official managers

Official managers, persons formerly appointed, under statutes now repealed, to superintend the winding-up of insolvent companies under the control of the Court of Chancery

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Official receivers

Smith, (1909) 2 KB 306. As to the official receiver becoming provisional liquidator on the making of a winding-up order, see Companies Act, 1929, s. 185, and LIQUIDATOR

Preferential or preference shares or stock

priority as to payment of dividends of a fixed amount, and, in some cases, of capital upon a winding-up, over the ordinary shares. The dividends are usually contingent upon the profits of each year or half-year. In

Proof

testimony, convincing token means of conviction. Also standard strength of spirituous liquids. See BURDEN OR PROOF; EVIDENCE; BANK-RUPTCY; WINDING-UP. The word 'proof' need be understood in the sense in which it is defined in the Evidence Act

Liquidation

of joint stock companies is provided for by Part IV. of the Companies Act,1929. See next title and WINDING-UP.

Receiver

in actions for administration; in actions by mortgages or against trustees or executors; in actions between partners for winding up the partnership business, and in a great many other cases. (2) A mortgagee may also appoint a receiver

Reconstruction company

Enforcement of Security Interest Act, 2002 (54 of 2002), s. 2(1)(v)] Reconstruction of a company, upon a voluntary winding-up the company may sell its undertaking for property of (including profits in) the purchas-ing company; see Companies Act,

Release

claim or demand upon another person--most commonly, perhaps, the formal discharge given by beneficiaries to trustees on the winding-up of a trust. A trustee cannot ordinarily insist on a release under seal; he is only entitled (in

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