form of, 277. mode of, in companies registered under Joint Stock Companies Acts, 253. director's right to effect, 15. general rules with respect to right to effect, 16. to escape liability, out and out, is valid, 16-18. when fictitious and invalid, 16, 18-22. where denoting numbers of shares omitted, 28. formalities required for, not complied with, 81. if invalid, leaves transferor liable, 24. company not bound to give notice of refusal to register, 24. to be registered at request of transferor, 318. after commencement of winding-up by or under supervision of Court, 209. between preliminary and confirmatory resolution for voluntary winding-up, 194. after commencement of voluntary winding-up, 194. action will lie for refusal to execute, 194. execution of, may be conclusive as to transferor being a member, 37. by an infant, 26. by personal representative of deceased member, 50. and see TRANSFEROR. TRANSFEREE, TRANSFER OF STOCK, 279. TRANSFEREE, delay of, to register transfer, 83. discretionary power of approving, how to be exercised, 23. presumption that he is unobjectionable, 81. bankrupt, proof against estate of, 126. infant, 26: See INFANT. misdescription of, whether material, 17, 18, 21, 22. wilful misrepresentation as to proposed, 16, 21. proceedings are not ground for winding-up order, 134. resolutions associated with resolution to wind up voluntarily, 192. winding-up of, 266. in registering transfer, 79. UNREGISTERED COMPANY, when company is registered after member has left it, 91, 251. service upon, 269, 331. special provisions in respect of, to be cumulative, 272. vesting order, 271. winding-up of, 263. VACANCY of companies incorporated by special Act of Parliament, 267. of benefit building societies, 141, 268. of existing companies registered under the Comp. Act, 1862..261. of industrial and provident societies, 268, 415. of insurance companies, 267. of life assurance companies, 444. for non-compliance with Life Assurance Companies Act, 1870..443. of subsidiary life assurance companies, 459. WINDING-UP BY COURT-continued. of mutual societies, 268. of unincorporated companies, 266. of unregistered companies, 263. commencement of: See COMMENCEMENT. compromise with contributories and creditors: See COMPROMISE. costs of, who is to contribute to, 88, 99. liability of B. contributories in respect of, 99. in unregistered company, 270. and see COSTS. Court having jurisdiction in, 137, 263, 323. damages running after commencement of, 218. dispositions of property after commencement of, 209. distribution of surplus assets after, 176. interest on debts in: See INTEREST. interest on calls made in, 123. petition for: See PETITION. what is admissible to proof in, 213: and see PROOF. regard to wishes of creditors and contributories in, 155, 206, 239, 346. salary and wages due to officers and servants at date of, 214. saving of proceedings commenced under previous Acts, 273. staying proceedings in, 154. summons to obtain information in, 179. termination of, 177, 352. may be referred to County Court, 323. may be transferred from one County Court to another, 323. See WINDING-UP ORDER. WINDING-UP UNDER SUPERVISION, 204-209. not applicable to unregistered company, 264. commencement of, 193, 205. interest in: See INTEREST. petition for: See PETITION. rectification of register of members in, 197. WINDING-UP, VOLUNTARY, 191–204. to what companies applicable, 191, 192. companies registered under Joint Stock Companies Acts, 192. does not bar creditor's right to compulsory order, 202. quære, whether, bars contributory's right to compulsory order, 202. Court will favour where creditors do not oppose, 203. resolution for, associated with resolutions ultra vires, 192. WINDING-UP, VOLUNTARY-continued. effect of, on share capital of company limited by guarantee, 197. interest in: See INTEREST. exercise of powers by liquidators in, 195. power of liquidators, to settle list of contributories, 195. to make calls, 195. to pay debts of company and adjust rights of contributories, 196. transfer of shares between preliminary and confirmatory resolutions for, 194. supervision order: See SUPERVISION ORDER. WINDING-UP ORDER, who may petition for, 139, 322: See PETITION. "just and equitable," 133. mismanagement alone does not justify, 134. proceedings ultra vires do not furnish ground for, 134. on creditor's petition, 130, 139, 157, 203. discretion as to making, 130. where debt disputed, 131. on scrip-holder's petition, 141. on petition of shareholder, 129, 139, 156, 202, 322. in arrear in payment of calls, 141. advertisement and service of, 333. application to vary, how made, 151. cannot be disputed on a summons for a call, 173. carriage of, to whom given, 130. collection and application of the assets after, 167. copy to be left at chambers of Judge, 333. copy to be forwarded to Registrar, 154. effect of, upon action or suit, 152, 271. effect of, on share capital of company limited by guarantee, 155. operation of, 139. petitioner for, is dominus litis, 140. proceedings under, 333. rectification of the register after, 167. stops Statute of Limitations from running against creditors, 163, 223. two companies cannot be included in one order, 151. under supervision: See SUPERVISION ORDER. WISHES of creditors and contributories, Court may have regard to, 155, 206, 239, 346. WITNESS IN WINDING-UP summoned under Companies Act, 1862, sect. 115, 179. may be attended by counsel, 181. must answer questions as to hearsay, 181. examination of, by commissioner, 189. examination of, in Scotland, 189. LONDON: PRINTED BY WILLIAM CLOWES AND SONS, STAMFORD STREET AND CHARING CROSS. to 2 |