Books > Old Books > Poetry Northwest (1959)


Page 253

CHAPTER 23
VOLUNTARY WINDING UP

Every invoice, order for goods or business letter issued by the company or the liquidator on which the company's name appears, must contain a statement that the company is being wound up (s. 338).
2. The corporate state and powers continue until the company is dissolved.
3. No transfer of shares can be made without the sanction of the liquidator, and any alteration in the status of the members is void (s. 282). A transfer of debentures can, however, be made, (1)
4. On the appointment of a liquidator the powers of the directors cease except so far as the company in general meeting or the liquidator, in a members' voluntary winding up, or the committee of inspection, or, if there is no such committee, the creditors, in a creditors' voluntary winding up, sanction their continuance. (2)

A voluntary winding up does not necessarily operate as a discharge of the company's servants; but if it takes place because the company is insolvent it will operate as a discharge.

Fowler v. Commercial Timber Co., [1930] 2 K. B. 1. F. was appointed managing director of the company for five years certain. Before the expiration of the five years the company passed a resolution that it could not by reason of its liabilities continue its business. F. voted for this resolution. Held, (1) the voluntary winding up operated as a wrongful dismissal of F.; (2) the fact that F. consented to the winding up by voting for the resolution did not prevent him from recovering damages.
" An order for the compulsory winding up of a company puts an end to the employment of the managing director ... and in my judgment the same result must necessarily follow where there is a resolution for the voluntary winding up of the company which depends upon the company being unable to meet its obligations."Per Greer, L.J.

When the terms of the contract of employment are to be found in the articles, no damages are recoverable.
Re T. N. Farrer, Ltd., [1937] Ch. 352. The articles of a private company provided that J. should be governing director for life at a salary of £300 a year. J. acted as such for sixteen years, when the company went into liquidation. J. claimed damages. Held, the condition of J.'s employment was the continued existence of the company, and the claim failed.
If the winding up is purely for the purpose of amalgamation it will not operate as a discharge.(3)
After the commencement of the winding up the liquidator may continue the employment of the company's servants to wind up the

1 Re Goy & Co., [1900]
2 Ch. 149.
3 Midland Counties Bank v. Attwood, [1905] 1 Ch. 357.

travel books:
where is HTML where is HEAD where is TITLE Every invoice, order for goods or business letter issued by what is company or what is liquidator on which what is company's name appears, must contain a statement that what is company is being wound up (s. 338). 2. what is corporate state and powers continue until what is company is dissolved. 3. No transfer of shares can be made without what is sanction of what is liquidator, and any alteration in what is status of what is members is void (s. 282). A transfer of debentures can, however, be made, (1) 4. On what is appointment of a liquidator what is powers of what is directors cease except so far as what is company in general meeting or what is liquidator, in a members' voluntary winding up, or what is committee of inspection, or, if there is no such committee, what is creditors, in a creditors' voluntary winding up, sanction their continuance. (2) A voluntary winding up does not necessarily operate as a discharge of what is company's servants; but if it takes place because what is company is insolvent it will operate as a discharge. Fowler v. Commercial Timber Co., [1930] 2 K. B. 1. F. was appointed managing director of what is company for five years certain. Before what is expiration of what is five years what is company passed a resolution that it could not by reason of its liabilities continue its business. F. voted for this resolution. Held, (1) what is voluntary winding up operated as a wrongful dismissal of F.; (2) what is fact that F. consented to what is winding up by voting for what is resolution did not prevent him from recovering damages. " An order for what is compulsory winding up of a company puts an end to what is employment of what is managing director ... and in my judgment what is same result must necessarily follow where there is a resolution for what is voluntary winding up of what is company which depends upon what is company being unable to meet its obligations."Per Greer, L.J. When what is terms of what is contract of employment are to be found in what is articles, no damages are recoverable. Re T. N. Farrer, Ltd., [1937] Ch. 352. what is articles of a private company provided that J. should be governing director for life at a salary of £300 a year. J. acted as such for sixteen years, when what is company went into liquidation. J. claimed damages. Held, what is condition of J.'s employment was what is continued existence of what is company, and what is claim failed. If what is winding up is purely for what is purpose of amalgamation it will not operate as a discharge.(3) After what is commencement of what is winding up what is liquidator may continue what is employment of what is company's servants to wind up what is 1 Re Goy & Co., [1900] 2 Ch. 149. 3 Midland Counties Bank v. Attwood, [1905] 1 Ch. 357. 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 253 where is strong CHAPTER 23 VOLUNTARY WINDING UP where is p align="justify" Every invoice, order for goods or business letter issued by what is company or what is liquidator on which what is company's name appears, must contain a statement that what is company is being wound up (s. 338). 2. what is corporate state and powers continue until what is company is dissolved. 3. No transfer of shares can be made without what is sanction of what is liquidator, and any alteration in what is status of what is members is void (s. 282). A transfer of debentures can, however, be made, (1) 4. On what is appointment of a liquidator what is powers of what is directors cease except so far as what is company in general meeting or what is liquidator, in a members' voluntary winding up, or what is committee of inspection, or, if there is no such committee, what is creditors, in a creditors' voluntary winding up, sanction their continuance. (2) A voluntary winding up does not necessarily operate as a discharge of what is company's servants; but if it takes place because what is company is insolvent it will operate as a discharge. Fowler v. Commercial Timber Co., [1930] 2 K. B. 1. F. was appointed managing director of what is company for five years certain. Before what is expiration of what is five years what is company passed a resolution that it could not by reason of its liabilities continue its business. F. voted for this resolution. Held, (1) what is voluntary winding up operated as a wrongful dismissal of F.; (2) what is fact that F. consented to what is winding up by voting for what is resolution did not prevent him from recovering damages. " An order for what is compulsory winding up of a company puts an end to what is employment of what is managing director ... and in my judgment what is same result must necessarily follow where there is a resolution for what is voluntary winding up of what is company which depends upon what is company being unable to meet its obligations."Per Greer, L.J. When what is terms of what is contract of employment are to be found in what is articles, no damages are recoverable. Re T. N. Farrer, Ltd., [1937] Ch. 352. what is articles of a private company provided that J. should be governing director for life at a salary of £300 a year. J. acted as such for sixteen years, when what is company went into liquidation. J. claimed damages. Held, what is condition of J.'s employment was what is continued existence of what is company, and what is claim failed. If what is winding up is purely for what is purpose of amalgamation it will not operate as a discharge.(3) After what is commencement of what is winding up what is liquidator may continue what is employment of what is company's servants to wind up what is 1 Re Goy & Co., [1900] 2 Ch. 149. 3 Midland Counties Bank v. Attwood, [1905] 1 Ch. 357. 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 ,