Proceedings for compulsory liquidation, Business Law and Ethics

Assignment Help:

Proceedings for Compulsory Liquidation:

When the petition is presented to the court a copy is delivered to the company in case it objects, and it is advertised so that other creditors may intervene if they wish.  At the hearing, a creditor whose debt is unpaid is likely to secure an order for compulsory liquidation (as his remedy of last resort) unless the company (paragraph 8) or opposing creditors (paragraph 9) persuade the court to dismiss the petition.                                     

  If the petition is presented by a member (contributory) he must show (in addition to suitable grounds for compulsory liquidation) that:

(a) the company is solvent or alternatively refuses to supply information of its financial position.  The court will not order compulsory liquidation on a member's petition if he has nothing to gain from it.  If the company is insolvent he would receive nothing since the creditors then take all the assets;

(b) he has been a registered shareholder for at least six of the 18 months up to the date of his petition.  But this rule is not applied if the petitioner acquired his shares by allotment direct from the company or by inheritance from a deceased member or if the petition is based on the number of members having fallen below two: CA s.221.

A personal representative of a deceased shareholder may petition but he must first obtain a grant of probate etc. to establish his authority to represent the estate: CA, s.216.  The trustee in bankruptcy of a bankrupt contributory may also petition on his behalf: CA, s.217.


Related Discussions:- Proceedings for compulsory liquidation

Accounts to be annexed to balance sheet, Accounts to be Annexed to Balance ...

Accounts to be Annexed to Balance Sheet: By S.156 (1) the profit and loss of account, and, thus far as not incorporated in the balance sheet or profit and loss of account, any

Challenging an arbitral award, Challenging an Arbitral Award Conversel...

Challenging an Arbitral Award Conversely a party dissatisfied through an arbitral award any challenge that it in the High Court and the High Court might set it aside whether i

What is the common law, Question 1: (a) What is "The Common Law"? (...

Question 1: (a) What is "The Common Law"? (b) What are the virtues of the Common Law? Question 2: (a) Name the three facets of "the concept of justice". (b) E

Explain the air space and outer space, EXPLAIN THE AIR SPACE AND OUTER SPAC...

EXPLAIN THE AIR SPACE AND OUTER SPACE The scientific advancements made by mankind in the past 100 years are a lot more than the overall scientific development of last 1000 year

Regulations regarding fire, REGULATIONS REGARDING FIRE : Fire accidents in...

REGULATIONS REGARDING FIRE : Fire accidents in educational institutions are much less as compared to those in residential, commercial or industrial areas. This is a general observ

Describe the main stages of money laundering, QUESTION 1 (a) Describe t...

QUESTION 1 (a) Describe the main stages of money laundering? (b) Is the current Mauritian Banking Act strong enough to protect depositors and maintain financial stability gi

Reduction of capital, Reduction of Capital:   4.1 The general rule ...

Reduction of Capital:   4.1 The general rule is that it is illegal for a company to reduce its capital. This is so because such a reduction would be tantamount to reducing

General crossing - crossing on a cheque, General Crossing - Crossing on a C...

General Crossing - Crossing on a Cheque Section S.76 (1) since such provides about whenever a cheque bears across its face an addition of described below: The words such

Relationship between morality, Question 1: (a) Distinguish social acco...

Question 1: (a) Distinguish social accounting from conventional (financial) accounting. (b) Discuss the practical and moral reasons for organizations to engage in social a

Describe the public procurement legal framework of mauritius, QUESTION 1 ...

QUESTION 1 Describe the Public Procurement Legal Framework of Mauritius QUESTION 2 Explain the following, within the meaning of the Competition Act: a. collusive agreem

Write Your Message!

Captcha
Free Assignment Quote

Assured A++ Grade

Get guaranteed satisfaction & time on delivery in every assignment order you paid with us! We ensure premium quality solution document along with free turntin report!

All rights reserved! Copyrights ©2019-2020 ExpertsMind IT Educational Pvt Ltd