Document ID: chunk:federal_register_of_legislation:C2004A02530:body:0:p20
Version: federal_register_of_legislation:C2004A02530
Segment Type: other
Provision Reference: 
Character Range: 48554–51354

(c) persons who are in the employment of the company or have been in the employment of the company within one year before the date of the winding up order and are, in the opinion of the liquidator, capable of giving the information required;
        (d) persons who are, or have been within one year before the date of the winding up order, officers of, or in the employment of, a corporation that is, or within that year was, an officer of the company to the affairs of which the report relates;
        (e) a person who was a provisional liquidator of the company.
    "(3) The liquidator may, in a notice under sub-section (2), specify the information that he requires as to affairs of the company by reference to information required by this Act or the regulations to be included in any other report, statement or notice under this Act.";
    (c) by omitting from sub-sections (4), (5) and (6) "relevant statement" and substituting "report"; and
    (d) by omitting from sub-sections (7) and (8) "relevant statement" (wherever occurring) and substituting "report".

Preliminary report by liquidator
64. Section 376 of the Principal Act is amended by omitting "statement" and substituting "report".

Delegation to liquidator of certain powers of Court
65. Section 389 of the Principal Act is amended—
    (a) by inserting in sub-section (1) "or regulations" after "rules";
    (b) by inserting in paragraph (1) (c) "among themselves and the distribution of any surplus among the persons entitled to it" after "contributories"; and
    (c) by omitting sub-section (2) and substituting the following sub-section:
    "(2) Notwithstanding anything contained in rules or regulations made for the purposes of sub-section (1), a liquidator shall not—
        (a) make any call without either the special leave of the Court or the sanction of the committee of inspection; or
        (b) distribute any surplus among the persons entitled to it without the special leave of the Court.".

Declaration of solvency
66. Section 395 of the Principal Act is amended—
    (a) by omitting sub-section (3) and substituting the following sub-section:
    "(3) A declaration so made has no effect for the purposes of this Act unless—
        (a) the declaration is made at the meeting of directors referred to in sub-section (1);
        (b) the declaration is lodged with the Commission before the date on which the notices of the meeting at which the resolution for the winding up of the company is to be proposed are sent out or
        such later date as the Commission, whether before, on or after the first-mentioned date, allows; and
        (c) the resolution for voluntary winding up is passed within the period of 5 weeks after the making of the declaration or within such further period after the making of