Books > Old Books > Poetry Northwest (1959)


Page 218

CHAPTER 20
WINDING UP BY THE COURT

Re Middlesbrough Assembly Rooms Co. (18E0), 14 Ch. D. 104. A company was formed to build and use an assembly rooms. Owing to depression in trade in the neighbourhood, the building was suspended for more than three years. A shareholder presented a winding-up petition. Held, as the company intended to continue its operations when trade prospects improved, the petition should be dismissed.
If a company is formed to carry on business in England and abroad and has carried on business abroad, it will not be wound up merely on the ground that it has not started its business in England within the year if it intends to do so as soon as possible.(4)
Company Unable to Pay its Debts (s. 223).-A company is deemed to be unable to pay its debts if:
1. A creditor for more than £50 has served on the company, by leaving it at the registered office, a demand under his hand requiring payment, and the company has neglected to pay or compound for it to the creditor's satisfaction for three weeks.
2. Execution issued in favour of a creditor is returned unsatisfied in whole or in part.
3. It is proved to the satisfaction of the Court that the company is unable to pay its debts.
A company has not neglected to pay a debt if it bona fide disputes the debt, and consequently the creditor will not in such a case be entitled to a winding-up order. (5)
A company is unable to pay its debts if its acceptances have been dishonoured, (6) or if it has informed a judgment creditor that it has no assets on which to levy execution. (7) The company's contingent and prospective liabilities have to be taken into account, and therefore it may be unable to pay its debts, although it has paid its debts as they became due, if its existing and probable assets will be insufficient to meet its prospective liabilities.
Just and Equitable to Wind Up.-The Court has power to make a winding-up order in any case where the special circumstances are such that it appears just to make such an order. Orders have been made under the following circumstances:- (8)

4 Re Capital Fire Insce. Assn. (1882), 21 Ch. D. 209.
5 Re London and Paris Banking Corpn. (1874), L. R. 19 Eq. 444.
6 Re Globe Steel Co. (1875), L. R. 20 Eq. 337.
7 Re Flagstaff, etc., Co. of Utah (1875), L. R. 20 Eq. 268.
8 See Buckley's Companies Acts (11th ed.), p 360.

travel books:
where is HTML where is HEAD where is TITLE Re Middlesbrough Assembly Rooms Co. (18E0), 14 Ch. D. 104. A company was formed to build and use an assembly rooms. Owing to depression in trade in what is neighbourhood, what is building was suspended for more than three years. A shareholder presented a winding-up petition. Held, as what is company intended to continue its operations when trade prospects improved, what is petition should be dismissed. If a company is formed to carry on business in England and abroad and has carried on business abroad, it will not be wound up merely on what is ground that it has not started its business in England within what is year if it intends to do so as soon as possible.(4) Company Unable to Pay its Debts (s. 223).-A company is deemed to be unable to pay its debts if: 1. A creditor for more than £50 has served on what is company, by leaving it at what is registered office, a demand under his hand requiring payment, and what is company has neglected to pay or compound for it to what is creditor's satisfaction for three weeks. 2. Execution issued in favour of a creditor is returned unsatisfied in whole or in part. 3. It is proved to what is satisfaction of what is Court that what is company is unable to pay its debts. A company has not neglected to pay a debt if it bona fide disputes what is debt, and consequently what is creditor will not in such a case be entitled to a winding-up order. (5) A company is unable to pay its debts if its acceptances have been dishonoured, (6) or if it has informed a judgment creditor that it has no assets on which to levy execution. (7) what is company's contingent and prospective liabilities have to be taken into account, and therefore it may be unable to pay its debts, although it has paid its debts as they became due, if its existing and probable assets will be insufficient to meet its prospective liabilities. Just and Equitable to Wind Up.-The Court has power to make a winding-up order in any case where what is special circumstances are such that it appears just to make such an order. Orders have been made under what is following circumstances:- (8) 4 Re Capital Fire Insce. Assn. (1882), 21 Ch. D. 209. 5 Re London and Paris Banking Corpn. (1874), L. R. 19 Eq. 444. 6 Re Globe Steel Co. (1875), L. R. 20 Eq. 337. 7 Re Flagstaff, etc., Co. of Utah (1875), L. R. 20 Eq. 268. 8 See Buckley's Companies Acts (11th ed.), p 360. where is meta name="keywords" content="old books, Free book , free book offer , free audio books , free coloring book pages , free book reports , free audio book , audio books free download , book free , free guest book , books free , free book summaries , download free audio books , free childrens books." where is where are they now rel="stylesheet" type="text/css" href="../../style.css" where is meta http-equiv="Content-Type" content="text/html; charset=iso-8859-1" where is BODY bgColor=#ffffff text="#000000" where are they now ="#000000" v where are they now ="#FF0000" where is div align="center" where is strong where is strong where is a href="http://www.aaoldbooks.com" Books > where is a href="../default.asp" title="Book" Old Books > where is strong where is a href="default.asp" Poetry Northwest (1959) where is table width="700" border="1" align="center" cellpadding="15" cellspacing="0" where is center where is tr where is td width="160" align="center" valign="top" where is div align="center" where is td align="center" valign="top" where is div align="left" where is div align="center" where is p align="left" Page 218 where is strong CHAPTER 20 WINDING UP BY what is COURT where is p align="justify" Re Middlesbrough Assembly Rooms Co. (18E0), 14 Ch. D. 104. A company was formed to build and use an assembly rooms. Owing to depression in trade in what is neighbourhood, what is building was suspended for more than three years. A shareholder presented a winding-up petition. Held, as what is company intended to continue its operations when trade prospects improved, what is petition should be dismissed. If a company is formed to carry on business in England and abroad and has carried on business abroad, it will not be wound up merely on what is ground that it has not started its business in England within what is year if it intends to do so as soon as possible.(4) Company Unable to Pay its Debts (s. 223).-A company is deemed to be unable to pay its debts if: 1. A creditor for more than £50 has served on what is company, by leaving it at what is registered office, a demand under his hand requiring payment, and what is company has neglected to pay or compound for it to what is creditor's satisfaction for three weeks. 2. Execution issued in favour of a creditor is returned unsatisfied in whole or in part. 3. It is proved to what is satisfaction of what is Court that what is company is unable to pay its debts. A company has not neglected to pay a debt if it bona fide disputes what is debt, and consequently what is creditor will not in such a case be entitled to a winding-up order. (5) A company is unable to pay its debts if its acceptances have been dishonoured, (6) or if it has informed a judgment creditor that it has no assets on which to levy execution. (7) what is company's contingent and prospective liabilities have to be taken into account, and therefore it may be unable to pay its debts, although it has paid its debts as they became due, if its existing and probable assets will be insufficient to meet its prospective liabilities. Just and Equitable to Wind Up.-The Court has power to make a winding-up order in any case where what is special circumstances are such that it appears just to make such an order. Orders have been made under what is following circumstances:- (8) 4 Re Capital Fire Insce. Assn. (1882), 21 Ch. D. 209. 5 Re London and Paris Banking Corpn. (1874), L. R. 19 Eq. 444. 6 Re Globe Steel Co. (1875), L. R. 20 Eq. 337. 7 Re Flagstaff, etc., Co. of Utah (1875), L. R. 20 Eq. 268. 8 See Buckley's Companies Acts (11th ed.), p 360. where is Server.Execute("_SiteMap.asp") %

Book Pages: _SiteMap , default , 001 , 002 , 003 , 004 , 005 , 006 , 007 , 008 , 009 , 010 , 011 , 012 , 013 , 014 , 015 , 016 , 017 , 018 , 019 , 020 , 021 , 022 , 023 , 024 , 025 , 026 , 027 , 028 , 029 , 030 , 031 , 032 , 033 , 034 , 035 , 036 , 037 , 038 , 039 , 040 , 041 , 042 , 043 , 044 , 045 , 046 , 047 , 048 , 049 , 050 , 051 , 052 , 053 , 054 , 055 , 056 , 057 , 058 , 059 , 060 , 061 , 062 , 063 , 064 , 065 , 066 , 067 , 068 , 069 , 070 , 071 , 072 , 073 , 074 , 075 , 076 , 077 , 078 , 079 , 080 , 081 , 082 , 083 , 084 , 085 , 086 , 087 , 088 , 089 , 090 , 091 , 092 , 093 , 094 , 095 , 096 , 097 , 098 , 099 , 100 , 101 , 102 , 103 , 104 , 105 , 106 , 107 , 108 , 109 , 110 , 111 , 112 , 113 , 114 , 115 , 116 , 117 , 118 , 119 , 120 , 121 , 122 , 123 , 124 , 125 , 126 , 127 , 128 , 129 , 130 , 131 , 132 , 133 , 134 , 135 , 136 , 137 , 138 , 139 , 140 , 142 , 143 , 144 , 145 , 146 , 147 , 148 , 149 , 150 , 151 , 152 , 153 , 154 , 155 , 156 , 157 , 158 , 159 , 160 , 161 , 162 , 164 , 165 , 166 , 167 , 168 , 169 , 170 , 171 , 172 , 178 , 179 , 180 , 181 , 182 , 183 , 184 , 185 , 186 , 187 , 188 , 189 , 190 , 191 , 192 , 193 , 194 , 195 , 196 , 197 , 198 , 199 , 200 , 201 , 202 , 203 , 204 , 205 , 206 , 207 , 209 , 210 , 211 , 212 , 214 , 215 , 217 , 218 , 219 , 220 , 221 , 222 , 223 , 224 , 225 , 226 , 227 , 228 , 229 , 230 , 231 , 232 , 233 , 234 , 235 , 236 , 237 , 238 , 239 , 240 , 241 , 242 , 243 , 244 , 245 , 246 , 247 , 248 , 249 , 250 , 251 , 252 , 253 , 254 , 255 , 256 , 257 , 258 , 259 , 260 , 261 , 262 , 263 , 264 , 265 , 266 , 267 , 268 , 269 , 270 , 271 , 272 , 273 , 274 , 275 , 276 , 277 , 278 , 279 , 280 , 281 , 282 , 283 , 284 , 285 , 287 , 288 , 289 , 290 , 291 , 292 , 293 , 294 , 295 , 296 , 297 , 298 , 299 , 300 , 301 , 302 , 303 , 304 , 305 , 306 , 307 , 308 , 309 , 310 , 311 , 312 , 313 , 314 , 315 , 316 , 317 , 318 , 319 , 320 , 321 , 322 , 323 , 324 , 325 , 326 , 327 , 328 , 329 , 330 , 331 , 332 , 333 , 334 ,