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Page 221

CHAPTER 20
WINDING UP BY THE COURT

jurisdiction are (s. 218):
1. The High Court, in the case of all companies registered in England.
2. The Chancery Court of the County Palatine of Lancaster, in the case of companies whose registered office is situate in the County Palatine of Lancaster.
3. The Chancery Court of the County Palatine of Durham, in the case of companies whose registered office is situate in the County Palatine of Durham.
4. Where the paid-up capital does not exceed £10,000, the County Court of the district in which the registered office is situate.
5. Where the company is formed for working mines in the stannaries, the Court exercising the stannaries jurisdiction.
A winding-up petition may be presented by (a) the company, (b) a creditor, (c) a contributory, or (d) the Official Receiver (s. 224).

Petition by Creditor.-A creditor whose debt is undisputed has a right ex debito justitica to a winding-up order. (14) If, however, a majority of the creditors do not want a winding up, the Court will, in the absence of special circumstances, refuse to make an order. To ascertain the wishes of the creditors, the Court may direct meetings of the creditors to be held (s. 346).
As a rule an order will not be made unless the petitioning creditor's debt is £50 or over, or unless the petition is supported by creditors whose debts exceed £50, or unless there are special circumstances.(15)
Where a company refused to pay a debt on the ground that it was too small to be the foundation of a petition, an order was made, (16)
An assignee of a debt or of part of a debt can petition; (17) but after a petition has been presented an assignment of the debt and the right to petition cannot be made. (18) A secured creditor can petition, and his security will not be prejudiced; the holder of bearer debentures can also petition. (19) The holder of debenture stock secured by a trust deed cannot, however, present a petition as he is not a creditor

14 Re Krasnapolsky, etc., Co., [1892'3 Ch. 174.
15 Re Industrial Assurance Assn., [1910] W. N. 245.
16 Re World Industrial Bank, [1909] W. N. 148.
17 Re Steel Wing Co., [1921] 1 Ch. 349.
18 Re Paris Skating Rink (1877), 5 Ch. D. 959.
19 Re Olathe Silver Mining Co. (1884), 27 Ch. D. 278.

travel books:
where is HTML where is HEAD where is TITLE jurisdiction are (s. 218): 1. what is High Court, in what is case of all companies registered in England. 2. what is Chancery Court of what is County Palatine of Lancaster, in what is case of companies whose registered office is situate in what is County Palatine of Lancaster. 3. what is Chancery Court of what is County Palatine of Durham, in what is case of companies whose registered office is situate in what is County Palatine of Durham. 4. Where what is paid-up capital does not exceed £10,000, what is County Court of what is district in which what is registered office is situate. 5. Where what is company is formed for working mines in what is stannaries, what is Court exercising what is stannaries jurisdiction. A winding-up petition may be presented by (a) what is company, (b) a creditor, (c) a contributory, or (d) what is Official Receiver (s. 224). Petition by Creditor.-A creditor whose debt is undisputed has a right ex debito justitica to a winding-up order. (14) If, however, a majority of what is creditors do not want a winding up, what is Court will, in what is absence of special circumstances, refuse to make an order. To ascertain what is wishes of what is creditors, what is Court may direct meetings of what is creditors to be held (s. 346). As a rule an order will not be made unless what is petitioning creditor's debt is £50 or over, or unless what is petition is supported by creditors whose debts exceed £50, or unless there are special circumstances.(15) Where a company refused to pay a debt on what is ground that it was too small to be what is foundation of a petition, an order was made, (16) An assignee of a debt or of part of a debt can petition; (17) but after a petition has been presented an assignment of what is debt and what is right to petition cannot be made. (18) A secured creditor can petition, and his security will not be prejudiced; what is holder of bearer debentures can also petition. (19) what is holder of debenture stock secured by a trust deed cannot, however, present a petition as he is not a creditor 14 Re Krasnapolsky, etc., Co., [1892'3 Ch. 174. 15 Re Industrial Assurance Assn., [1910] W. N. 245. 16 Re World Industrial Bank, [1909] W. N. 148. 17 Re Steel Wing Co., [1921] 1 Ch. 349. 18 Re Paris Skating Rink (1877), 5 Ch. D. 959. 19 Re Olathe Silver Mining Co. (1884), 27 Ch. D. 278. 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 221 where is strong CHAPTER 20 WINDING UP BY what is COURT where is p align="justify" jurisdiction are (s. 218): 1. what is High Court, in what is case of all companies registered in England. 2. what is Chancery Court of what is County Palatine of Lancaster, in the case of companies whose registered office is situate in what is County Palatine of Lancaster. 3. what is Chancery Court of what is County Palatine of Durham, in the case of companies whose registered office is situate in what is County Palatine of Durham. 4. Where what is paid-up capital does not exceed £10,000, the County Court of what is district in which what is registered office is situate. 5. Where what is company is formed for working mines in what is stannaries, what is Court exercising what is stannaries jurisdiction. A winding-up petition may be presented by (a) what is company, (b) a creditor, (c) a contributory, or (d) what is Official Receiver (s. 224). Petition by Creditor.-A creditor whose debt is undisputed has a right ex debito justitica to a winding-up order. (14) If, however, a majority of what is creditors do not want a winding up, what is Court will, in what is absence of special circumstances, refuse to make an order. To ascertain what is wishes of what is creditors, what is Court may direct meetings of what is creditors to be held (s. 346). As a rule an order will not be made unless what is petitioning creditor's debt is £50 or over, or unless what is petition is supported by creditors whose debts exceed £50, or unless there are special circumstances.(15) Where a company refused to pay a debt on what is ground that it was too small to be what is foundation of a petition, an order was made, (16) An assignee of a debt or of part of a debt can petition; (17) but after a petition has been presented an assignment of what is debt and what is right to petition cannot be made. (18) A secured creditor can petition, and his security will not be prejudiced; what is holder of bearer debentures can also petition. (19) what is holder of debenture stock secured by a trust deed cannot, however, present a petition as he is not a creditor 14 Re Krasnapolsky, etc., Co., [1892'3 Ch. 174. 15 Re Industrial Assurance Assn., [1910] W. N. 245. 16 Re World Industrial Bank, [1909] W. N. 148. 17 Re Steel Wing Co., [1921] 1 Ch. 349. 18 Re Paris Skating Rink (1877), 5 Ch. D. 959. 19 Re Olathe Silver Mining Co. (1884), 27 Ch. D. 278. where is Server.Execute("_SiteMap.asp") %

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