QU OF NT AT A FE RU

BERMUDA

COMPANIES (WINDING-UP) RULES 1982

BR 50 / 1982

[made under section 62 of the Supreme Court Act 1905 , section 288 of the Companies Act 1981 and section 34 of the Interpretation Act 1951 and brought into operation on 1 July 1983]

Whereas by an order of this court, made on the [blank] day of [blank], 19 [blank], it was ordered that you, the undermentioned [blank] should attend before the court on the day and at a place to be named for the purpose, and be publicly examined as to the promotion or formation of the company, and as to the conduct of the business of the company, and as to your conduct and dealings as1 And whereas the [blank] day of [blank] 19 [blank], at [blank] o’clock, in the [blank] noon, before the [blank] sitting at [blank] has been appointed as the time and place for holding the said examination. Notice is hereby given that you are required to attend at the said time and place, and at any adjournments of the examination which may be ordered, and to bring with you and produce all books, papers, and writing and other documents in your custody or power in any way relating to the above-named company. And take notice that if you fail, without reasonable excuse, to attend at such time and place, and at the adjournments of the said public examination which may be ordered, you will be liable to be committed to prison without further notice. Dated this [blank] day of [blank] 19 [blank] Official Receiver or provisional liquidator or liquidator

FORM 25. (rule 48.) APPLICATION FOR APPOINTMENT OF SHORTHAND WRITER TO TAKE DOWN NOTES OF PUBLIC EXAMINATION AND ORDER THEREON (Title) Ex parte the Official Receiver, Provisional Liquidator or Liquidator. I, [blank] the Official Receiver, Provisional Liquidator or Liquidator herein, do hereby, pursuant to rule 48 of the Companies (Winding-Up) Rules, apply to the court for an order for the appointment of [blank] of [blank] to take down in shorthand the notes of examination

1 Insert director officer (or as the case may be).

COMPANIES (WINDING-UP) RULES 1982

of [blank] at their public examination, the costs of taking such notes, and of making a transcript thereof, to be paid in accordance with rule 48. Dated this [blank] day of [blank] 19 [blank] Official Receiver, Provisional Liquidator or Liquidator

Before [blank] Upon the application of the Official Receiver, Provisional Liquidator or Liquidator the court hereby appoints [blank] of [blank] to take down in shorthand the notes of examination of the person mentioned in the above application at their public examination, or at any adjournment thereof pursuant to rule 48 of the Companies (Winding-Up) Rules, the costs of taking such notes and of making a transcript thereof, to be paid in accordance with rule

48. Dated this [blank] day of [blank] 19 [blank]

FORM 26. (rule 48.) DECLARATION BY SHORTHAND WRITER (Title)

Before I, [blank], of [blank] the shorthand writer appointed by this court to take down the examination of [blank], do solemnly and sincerely declare that I will truly and faithfully take down the question and answers put to and give by the said [blank] in this matter, and will deliver true and faithful transcripts thereof as the court may direct. Dated this [blank] day of [blank] 19 [blank] (Declared before me at the time and place above-mentioned).

FORM 27. (rule 49.) REPORT TO THE COURT WHERE PERSON EXAMINED REFUSES TO ANSWER TO SATISFACTION OF REGISTRAR OR OFFICER (Title)

At the examination of1 [blank] held before me this [blank] day of [blank] 19 [blank], the following question was (allowed by me to be) put to the said ([blank]).

Q.2

1 eg. A.B. a person ordered to attend for examination.

2 Here state question.

COMPANIES (WINDING-UP) RULES 1982

The 3 [blank] refused to answer the said question.

(or The (c) [blank] answered the said question as follows:—

A.4 I thereupon named the [blank] day of [blank] 19 [blank], at [blank] as the time and place for such (refusal to) answer to be reported to the Hon. Mr. [blank] Justice [blank] (or His Honour Mr. Justice [blank]). Dated this [blank] day of [blank] 19 [blank] Registrar. (or as the case may be)

FORM 28. (sec. 196.) ORDER ON PERSONS TO ATTEND AT CHAMBERS TO BE EXAMINED (Title)

A.B. of & c., and E.F. of & c., are hereby severally ordered to attend at1 on the [blank] day of [blank] 19 [blank], at [blank] of the clock in the [blank] noon, to be examined on the part of the Official Receiver (or the liquidator) for the purpose of proceedings directed by the court to be taken in the above matter. (And the said A.B. is hereby required to bring with him and produce, at the time and place aforesaid, the documents mentioned in the schedule hereto, and all other books, papers, deeds, writings, and other documents in his custody or power in anywise relating to the above-named company). Dated this [blank] day of [blank] 19 [blank] This order was made on the application of Messrs. C. and D., of [blank] Attorneys for [blank] The schedule above referred to.

FORM 29. (rule 45.) WARRANT AGAINST PERSON WHO FAILS TO ATTEND EXAMINATION (Title) To the Provost Marshal General of our said Court, and to each and all the police officers of the Colony [sic] and to the Commissioner of Prisons.

3 Witness.

4 Here insert answers (if any).

1 State place of examination.

COMPANIES (WINDING-UP) RULES 1982

WHEREAS by an order of this Court, made on the [blank] day of [blank] 19 [blank],1 [blank] was ordered to attend before the Court on a day and at a place to be named for the purpose of being publicly examined. AND WHEREAS by evidence taken upon oath, it hath been made to appear to the satisfaction of the Court that the [blank] day of [blank] 19 [blank], at [blank] o’clock in the [blank] noon before the court sitting at the Supreme Court was appointed as the time and place for holding the said examination, and that notice of the said order and of the said time and place so appointed was duly served up the said (a)

(AND WHEREAS the said (a) [blank] did without good cause fail to attend on the said [blank] day of [blank] 19 [blank], for the purpose of being examined, according to the requirements of the said order of this court made on the [blank] day of [blank] 19 [blank], directing him so to attend)

(or, and that the said (a) [blank] has absconded

(or, and that there is good reason to believe that the said (a) [blank] is about to abscond) with a view to avoiding examination under the Companies Act 1981. THESE ARE THEREFORE to require you the said Provost Marshal General and police officers to take the said (a) [blank] and to deliver him to the Commissioner of Prisons, and you the said Commissioner of Prisons to receive the said (a) [blank] and him safely keep in prison until such time as this Court may order. Dated this [blank] day of [blank] 19 [blank] Registrar.

FORM 30. (rule 45.) ORDER FOR WARRANT OF ARREST OF PERSON WHO HAS FAILED TO ATTEND PUBLIC EXAMINATION (Title) Upon the application of S.W. the (Official Receiver and) or provisional liquidator or liquidator of the above-named company by summons dated the [blank] day of [blank] 19 [blank], and upon hearing the applicant in person and upon reading the order to wind-up the said company dated [blank] the order dated [blank] and the affidavit of C.D. filed [blank] and the exhibits therein referred to and by which said affidavit it has been made to appear to the court that by the said order dated [blank] A.B. was directed to attend before the court on a day to be named for the purpose and be publicly examined as to the matters referred to in the said order that the [blank] day of [blank] at [blank] o’clock in the [blank] noon at the Supreme Court, were appointed as the day, time and place for holding the said examination and it has also been duly proved by the said affidavit of C.D. that the said order

1 Name of person required to attend.

COMPANIES (WINDING-UP) RULES 1982

dated the [blank] and the notice to attend such examination on the [blank] at [blank] o’clock respectively had been duly served upon the said A.B. and it appearing that the said A.B. without good cause failed to attend the [blank] in pursuance of the said order of the (date). IT IS ORDERED that a warrant do issue for the arrest of the said A.B. Dated this [blank] day of [blank] 19 [blank] Registrar.

FORM 31. (rule 51.) DISCLAIMER (Title) Pursuant to an order of the court dated the [blank] day of [blank] 19 [blank]. I, [blank] the liquidator of the above-named company, hereby disclaim all interest in the lease dated the [blank] day of [blank] 19 [blank], whereby the premises1 [blank] were demised to [blank] at a rent of $ [blank] per annum for a term of [blank].

Notice of this disclaimer has been given to [blank] Dated this [blank] day of [blank] 19 [blank] Liquidator.

FORM 32. (rule 51.) NOTICE OF DISCLAIMER OF LEASE (Title) Take notice that, pursuant to an order of the court dated the [blank] day of [blank] 19 [blank], I, [blank] the liquidator of the above-named company, by writing under my hand bearing date the [blank] day of [blank] 19 [blank], disclaimed all interest in the lease dated the [blank] day of [blank] 19 [blank], whereby the premises1 [blank] were demised to at a rent of $ [blank] per annum for a term of [blank] The above-mentioned disclaimer has been filed at the Registry of the Supreme Court. Dated this [blank] day of [blank] 19 [blank] Liquidator.

1 Insert description of the property disclaimed.

1 Insert description of the property disclaimed.

COMPANIES (WINDING-UP) RULES 1982

FORM 33. (rule 54.) NOTICE BY LIQUIDATOR REQUIRING PAYMENT OF MONEY OR DELIVERY OF BOOKS, & c., TO LIQUIDATOR (Title)

Take notice that I, the undersigned1 have been appointed liquidator of the above-named company, and that you, the undermentioned2 [blank], are required within [blank] days after service hereof, to pay to me (or deliver, convey, surrender, or transfer to or into my hands) [blank] as liquidator of the said company at my office, situate at3 [blank] & c., the sum of $ [blank], being the amount of debt appearing to be due from you on your account with the said company (or any sum or balance, books, papers, estate or effects), (or specifically describe the property) now being in your hands, and to which the said company is entitled (or otherwise as the case may be). Dated this [blank] day of [blank] 19 [blank] (Signed) Liquidator.

To (b)

(Address)

FORM 34. (rule 54.) PROVISIONAL LIST OF CONTRIBUTORIES TO BE MADE OUT BY LIQUIDATOR (Title) The following is a list of members of the company liable to be placed on the list of contributories of the said company, made out by me from the books and papers of the said company, together with their respective addresses and the number of shares (or extent of interest) to be attributed to each and the amount called up and the amount paid up in respect of such shares (or interest) so far as I have been able to make out or ascertain the same. In the first part of the list, the persons who are contributories in their own right are distinguished. In the second part of the said list, the persons who are contributories as being representatives of, or being liable to the debts of others, are distinguished.

1 Name of liquidator.

2 Name of person to whom notice is addressed.

3 Address of liquidator’s office.

COMPANIES (WINDING-UP) RULES 1982

FIRST PART —CONTRIBUTORIES IN THEIR OWN RIGHT

Serial No.

Name

Address

Description

Number of shares (or extent of interest)

Amount called up $1

Amount paid up $(a) SECOND PART—CONTRIBUTORIES AS BEING REPRESENTATIVES OF, OR LIABLE TO THE DEBTS OF, OTHERS

Serial No.

Name

Address

Description

In what character included

Number of shares (or extent of interest)

Amount called up $2

Amount paid up $(a)

FORM 35. (rule 55.) NOTICE TO CONTRIBUTORIES OF APPOINTMENT TO SETTLE LIST OF CONTRIBUTORIES

1 At date of commencement of winding-up.

2 At date of commencement of winding-up.

COMPANIES (WINDING-UP) RULES 1982

(Title) Take notice that I, [blank] the liquidator of the above-named company, have appointed the [blank] day of [blank] 19 [blank], at [blank] of the clock in the [blank] noon at 1 [blank] to settle the list of the contributories of the above-named company, made out by me, pursuant to the Companies Act 1981, and the rules thereunder, and that you are included in such list. The character and the number of shares (or extent of interest) in and for which you are included and the amount called up and the amount paid up in respect of such shares (or interest) is stated below; and if no sufficient cause is shown by you to the contrary at the time and place aforesaid, the list will be settled, including you therein. Dated this [blank] day of [blank] 19 [blank] Liquidator.

To Mr. A.B. (and to Mr. C.D., his attorney)

No. on List

Name

Address

Description

In what character included

Number of shares (or extent of interest)

Amount called up $ 2

Amount paid up $ (b)

FORM 36. (rule 55.) AFFIDAVIT OF POSTAGE OF NOTICES OF APPOINTMENT TO SETTLE LIST OF CONTRIBUTORIES (Title)

I, [blank] a 1 [blank] make oath and say as follows:—

1 Insert place of appointment.

2 At date of commencement of winding-up.

1 State the description of the deponent.

1. COMPANIES (WINDING-UP) RULES 1982

mentioned in the list of contributories made out by the liquidator on the [blank] day of [blank] 19 [blank], and now on the file of proceedings of the above-named company, at the address appearing in such list, a notice of the time and place of the appointment to settle the list of contributories in the form hereunto annexed, marked “A”, except that in the tabular form at the foot of such copies respectively I inserted the number, name, address, description, in what character included and 2 [blank] the amount called up and the amount paid up in respect of the shares (or interest) of the person on whom such copy of the said notice was served.

2 That I sent the said notices by putting the same prepaid into the post office at [blank] before the hour of [blank] o’clock in the [blank] noon on the said day [blank]. Sworn, & c.

FORM 37. (rule 56.) CERTIFICATE OF LIQUIDATOR OF FINAL SETTLEMENT OF THE LIST OF CONTRIBUTORIES (Title) Pursuant to the Companies Act 1981, and to the rules made thereunder, I, the undersigned, being the liquidator of the above-named company, hereby certify that the result of the settlement of the list of contributories of the above-named company, so far as the said list has been settled, up to date of this certificate, is as follows—

1 The several persons whose names are set forth in the second column of the

First Schedule hereto have been included in the said list of contributories as contributories of the said company in respect of the1 [blank] set opposite the names of such contributories respectively in the said schedule. I have, in the first part of the said schedule, distinguished such of the said several persons included in the said list as are contributories in their own right. I have, in the second part of the said schedule, distinguished such of the said several persons included in the said list as are contributories as being representatives of or being liable to the debts of others.

2 The several persons whose names are set forth in the second column of the

Second Schedule hereto, and were included in the provisional list of contributories, have been excluded from the said list of contributories.

2 “Number of shares” or “extent of interest”.

1 “Number of shares” or “extent of interest”.

COMPANIES (WINDING-UP) RULES 1982

3 I have, in the sixth column of the first part of the First Schedule and in the seventh column of the second part of the First Schedule and in the same column of the

Second Schedule, set forth opposite the name of each of the several persons respectively the date when such person was included in or excluded from the said list of contributories.

4 I have in the seventh and eighth columns of the first part of the First Schedule hereto and in the eighth and ninth columns of the second part of the said schedule, set forth opposite the names of each of the said persons respectively the amount called up at the date of the commencement of the winding-up and the amount paid at such date inrespect of their shares (or interest).

5 Before settling the said list, I was satisfied by the affidavit of [blank], clerk to [blank], duly filed with the proceedings herein, that notice was duly sent by post to each of the persons mentioned in the said list, informing him that he was included in such list in the character and for the 2 [blank] stated therein and of the amount called up and the amount paid up in respect of such shares (or interest) and of the day appointed for finally settling the said list. Dated this [blank] day of [blank] 19 [blank]

In the matter of [blank] FIRST PART—CONTRIBUTORIES IN THEIR OWN RIGHT

Serial No. in List

Name

Address

Description

Number of shares (or extent of interest)

Date when included in the List

Amount called up $

Amount paid up $

In the matter of [blank] Limited. SECOND PART—CONTRIBUTORIES AS BEING REPRESENTATIVES OF OR LIABLE TO THE DEBTS OF OTHERS

2 “Number of shares” or “extent of interest”.

COMPANIES (WINDING-UP) RULES 1982

Serial No. in List

Name

Address

Description

In what character included

Number of shares (or extent of interest)

Date when included in the List

Amount called up $

Amount paid up $

In the matter of [blank] Limited The SECOND SCHEDULE above referred to

Serial No. in List

Name

Address

Description

In what character proposed to be included

Number of shares (or extent of interest)

Date when excluded from the List

FORM 38. (rule 57.) NOTICE TO CONTRIBUTORY OF FINAL SETTLEMENT OF LIST OF CONTRIBUTORIES AND THAT HIS NAME IS INCLUDED (Title) Take notice that I, [blank], the liquidator of the above-named company have, by certificate, dated the [blank] day of [blank] 19 [blank], under my hand, finally settled the list of contributories of the said company, and that you are included in such list. The character

COMPANIES (WINDING-UP) RULES 1982

and the number of shares (or extent of interest) in and for which you are included and the amount called up and the amount paid up in respect of such shares (or interest) is stated below. Any application by you to vary the said list of contributories or, that your name be excluded therefrom, must be made by you to the court by summons within twenty-one days from the service on you of this notice, or the same will not be entertained. The said list may be inspected by you at the Registry of the Supreme Court on any day between the hours of [blank] and [blank] Dated this [blank] day of [blank] 19 [blank] (Signed) Liquidator.

To Mr. [blank] (or to Mr. [blank] his attorney).

No. in List

Name

Address

Description

In what character included

Number of shares (or extent of interest)

Amount called up 1

Amount paid up (a)

FORM 39. (rule 59.) SUPPLEMENTAL LIST OF CONTRIBUTORIES (Title)

1 The following is a list of persons who, since making out the list of contributories herein, dated the [blank] day of [blank] 19 [blank], I have ascertained are, or

1 At date of commencement of winding-up.

COMPANIES (WINDING-UP) RULES 1982

have been, holders of shares in (or members of) the above-named company, and to the best of my judgment are contributories of the said company.

2 The said supplemental list contains the names of such persons together with their respective addresses and the number of shares (or extent of interest) and the amount called up at the commencement of the winding-up and the amount paid at such date in respect of the shares (or interest) to be attributed to each.

3 In the first part of the said list such of the said persons as are contributories in their own right are distinguished.

4 In the second part of the said list such of the said persons as are contributories as being representatives of, or being liable to the debts of others, are distinguished. (The supplemental list is to be made out in the same form as the original list)

FORM 40. (rule 57.) AFFIDAVIT OF SERVICE OF NOTICE TO CONTRIBUTORY (Title)

I, [blank] 1 of [blank], make oath and say as follows:—

1 I did on the [blank] day of [blank] 19 [blank], in the manner hereinafter mentioned, serve a true copy of the notice now produced and shown to me and marked “A”, upon each of the respective persons whose names, addresses, and descriptions appear in the second, third, and fourth columns of the First Schedule to the list of contributories of the said company made out by the liquidator of the company on the [blank] day of [blank]

19 [blank], and now on the file of proceedings of the said company. In the tabular form at the foot of such copies respectively I inserted the number on list, name, address, description, in what character included, and 2 [blank] and the amount paid up and the amount called up at the date of the commencement of the winding-up of the shares (or interest) of the person on whom such copy of the said notice was served, in the same words and figures as the same particulars are set forth in the said schedule.

2 I served the said respective copies of the said notice, by putting such copies respectively, duly addressed to such persons respectively, according to their respective names and addresses appearing in the said schedule, and by placing the same prepaid in the Post Office at [blank] before the hours of [blank] o’clock in the [blank] noon of the said [blank] day of [blank], 19 [blank]. Sworn, & c.

1 State full description of the deponent.

2 “Number of shares” or “extent of interest”.

COMPANIES (WINDING-UP) RULES 1982

FORM 41. (rule 58.) ORDER ON APPLICATION TO VARY LIST OF CONTRIBUTORIES (Title) Upon the application of W.N., by summons dated the [blank] day of [blank], 19 [blank], for an order that the list of contributories of the company and the liquidator’s certificate finally settling the same be varied by excluding the name of the applicant therefrom (or as the case may be), and upon hearing & c., and upon reading & c., it is ordered, that the list of contributories of the company and the liquidator’s certificate finally settling the same be varied by excluding the name of the said W.N. from the said list of contributories, or by including the name of the said W.N. as a contributory in the said list for [blank] shares, (or as the case may be) (or the court does not think fit to make any order on the said application, except that the said W.N. do pay to the liquidator of the said company his costs of this application, to be taxed in case the parties differ).

FORM 42. (rule 60(b).) NOTICE TO EACH MEMBER OF COMMITTEE OF INSPECTION OF MEETING FOR SANCTION TO PROPOSED CALL (Title) Take notice that a meeting of the committee of inspection of the above company will be held at [blank] on the 1 [blank] day of [blank], 19 [blank], at [blank] o’clock in the [blank] noon, for the purpose of considering and obtaining the sanction of the committee to a call of $ [blank] per share proposed to be made by the liquidator on the contributories. Annexed hereto is a statement showing the necessity for the proposed call and the amount required. Dated this [blank] day of [blank] 19 [blank] (Signed) Liquidator STATEMENT

1 The amount due in respect of proofs admitted against the company, and the estimated amount of the costs, charges, and expenses of the winding-up, form in the aggregate the sum of $ [blank] or thereabouts.

1 To be a date not less than seven days from the date when the notice will in course of post reach the person to whom it is addressed.

COMPANIES (WINDING-UP) RULES 1982

2 The assets of the company are estimated to realize the sum of $ [blank]. There are no other assets, except the amount due from certain of the contributories to the company, and in my opinion it will not be possible to realize in respect of the said amounts more than $ [blank].

3 The list of contributories has been duly settled, and persons have been settled on the list in respect of the total number of [blank] shares.

4 For the purpose of satisfying the several debts and liabilities of the company, and of paying the costs, charges, and expenses, of the winding-up, I estimate that a sum of $ [blank] will be required in addition to the amount of the company’s assets hereinbefore mentioned.

5 In order to provide the said sum of $ [blank] it is necessary to make a call on the contributories, and having regard to the probability that some of them will partly or wholly fail to pay the amount of the call, I estimate that for the purpose of realizing the amount required it is necessary that a call of $ [blank] per share should be made. (Annexed tabular statement showing amounts of debts, costs, & c., and of assets)

FORM 43. (rule 60(b).) ADVERTISEMENT OF MEETING OF COMMITTEE OF INSPECTION TO SANCTION PROPOSED CALL (Title) Notice is hereby given that the undersigned liquidator of the above-named company proposes that a call should be made “on all the contributories of the said company”, or, as the case may be, [blank] of $ [blank] per share, and that he has summoned a meeting of the committee of inspection of the company, to be held at [blank] on the [blank] day of [blank]

19 [blank], at [blank] o’clock in the [blank] noon, to obtain their sanction to the proposed call. Each contributory may attend the meeting, and be heard or make any communication in writing to the liquidator or the members of the committee of inspection in reference to the intended call. A statement showing the necessity of the proposed call and the purpose for which it is intended may be obtained on application to the liquidator at his office at 1. Dated this [blank] day of [blank] 19 [blank] Liquidator

1 Insert address.

COMPANIES (WINDING-UP) RULES 1982

FORM 44. (rule 60(d).) RESOLUTION OF COMMITTEE OF INSPECTION SANCTIONING CALL (Title) Resolved, that a call of $ [blank] per share be made by the liquidator on all the contributories of the company (or, as the case may be). (Signed) Members of the Committee of Inspection. Dated this [blank] day of [blank] 19 [blank]

FORM 45. (rule 62) .

NOTICE OF CALL SANCTIONED BY COMMITTEE OF INSPECTION TO BE SENT TO CONTRIBUTORY (Title) Take notice that the committee of inspection in the winding-up of this company have sanctioned a call of $ [blank] per share on all the contributories of the company. The amount due from you in respect of the call is the sum of $ [blank]. This sum should be paid by you direct to me on or before the [blank] day of [blank] 19 [blank]. Dated this [blank] day of [blank] 19 [blank]

To Mr. [blank] Liquidator.

NOTE: If you do not pay the sum due from you by the date mentioned interest will be claimed on such sum at the rate of 8 per cent per annum from the said date until payment.

FORM 46. (rule 61.) SUMMONS FOR LEAVE TO MAKE A CALL (Title) Let the several persons whose names and addresses are set forth in the second column of the schedule hereto, being contributories of the above-named company, as shown in the

COMPANIES (WINDING-UP) RULES 1982

third column of the said schedule, attend at [blank] on the [blank] day of [blank] 19 [blank], at [blank] o’clock in the [blank] noon, on the hearing of an application on the part of the liquidator of the company for an order that he may be at liberty to make a call to the amount of $ [blank] per share on all the contributories (or as the case may be) of the said company. Dated this [blank] day of [blank] 19 [blank] This summons was taken out by [blank] of [blank] Attorneys for the liquidator. To

NOTE: If you do not attend either in person or by your attorney, at the time and place above-mentioned, such order will be made and proceedings taken as the court may think just and expedient.

SCHEDULE

Number on List Name and address In what character included

FORM 47. (rule 61.) AFFIDAVIT OF LIQUIDATOR IN SUPPORT OF PROPOSAL FOR CALL (Title) I, [blank] of, & c., the liquidator of the above-named company, make oath and say as follows—

1 I have in the schedule now produced and shown to me, and marked with the letter “A”, set forth a statement showing the amount due in respect of the debts proved and admitted against the said company, and the estimated amount of the costs, charges, and expenses of and incidental to the winding-up the affairs thereof, and which several amounts form in the aggregate the sum of $ [blank] or thereabouts.

2 I have also in the said schedule set forth a statement of the assets in hand belonging to the said company, amounting to the sum of $ [blank] and no more. There are no other assets belonging to the said company, except the amounts due from certain of the contributories of the said company, and, to the best of my information and belief, it will be impossible to realize in respect of the said amounts more than the sum of $ [blank] or thereabouts.

3 [blank] persons have been settled by me on the list of contributories of the said company in respect of the total number of [blank] shares.

COMPANIES (WINDING-UP) RULES 1982

4 For the purpose of satisfying the several debts and liabilities of the said company and of paying the costs, charges, and expenses of and incidental to the winding- up the affairs thereof, I believe the sum of $ [blank] will be required in addition to the amount of the assets of the said company mentioned in the said Schedule A, and the said sum of $ [blank].

5 In order to provide the said sum of $ [blank], it is necessary to make a call upon the several persons who have been settled on the list of contributories as before- mentioned, and, having regard to the probability that some of such contributories will partly or wholly fail to pay the amount of such call, I believe that, for the purpose of realizing the amount required as before-mentioned, it is necessary that a call of $ [blank] per share should be made. Sworn, & c.

FORM 48. (rule 61.) ADVERTISEMENT OF APPLICATION FOR LEAVE TO MAKE A CALL (Title)

In the matter of [blank] Notice is hereby given that the Supreme Court has appointed the [blank] day of [blank] 19 [blank], at [blank] o’clock in the [blank] noon, at the Supreme Court to hear an application for leave to make a call on all the contributories of the said company (or as the case may be) and that the liquidator of the said company proposes that such call shall be for $ [blank] per share. All persons interested are entitled to attend at such day, hour, and place, to offer objection to such call. Dated this [blank] day of [blank] 19 [blank] Liquidator.

FORM 49. (rule 61.) The [blank] day of [blank] 19 [blank]. ORDER GIVING LEAVE TO MAKE A CALL The [blank] day of [blank] 19 [blank]. (Title) Upon the application of the liquidator of the above-named company, the order to wind- up the above-named company, the list of contributories of the said company and the liquidator’s certificate of the final settlement of the same, and the affidavit of the said

COMPANIES (WINDING-UP) RULES 1982

liquidator, filed the [blank] day of [blank] 19 [blank], and the exhibit marked “A” therein referred to, and an affidavit of [blank] filed the [blank] day of [blank] 19 [blank]. It is ordered that leave be given to the liquidator to make a call of $ [blank] per share on all the contributories of the said company 1. And it is ordered that each such contributory do on or before the [blank] day of [blank]

19 [blank], pay to the liquidator of the [blank] company, the amount which will be due from him or her in respect of such call.

FORM 50. (rule 62.) NOTICE TO BE SERVED WITH THE ORDER SANCTIONING A CALL (Title) The amount due from you, A.B., in respect of the call made pursuant to leave given by the above (or within) order is the sum of $ [blank] which sum is to be paid by you to me as the liquidator of the said company at my office, 1 [blank]. In default of payment interest at the rate of [blank] per cent per annum will be charged upon the amount unpaid from the day of [blank] until payment. Dated this [blank] day of [blank] 19 [blank]

To Mr. A.B. Liquidator

FORM 51. (rule 63.) AFFIDAVIT IN SUPPORT OF APPLICATION FOR ORDER FOR PAYMENT OF CALL (Title) I, [blank] of, & c., the liquidator of the above-named company, make oath and say as follows:—

1 None of the contributories of the said company, whose names are set forth in the schedule hereto annexed, marked “A”, have paid or caused to be paid the sums set opposite their respective names in the said schedule, which sums are the amounts now due from them respectively under the call of $ [blank] per share, duly made under the Companies Act 1981 dated the [blank] day of [blank] 19 [blank].

1 Or as the case may be.

1 Insert address.

COMPANIES (WINDING-UP) RULES 1982

2 The respective amount or sums set opposite the names of such contributories respectively in such schedule are the true amounts due and owing by such contributories respectively in respect of the said call. A THE SCHEDULE ABOVE REFERRED TO

No. on List Name Address Description In what character included Amount due $ ¢

Sworn, & c.

NOTE: In addition to the above affidavit, an affidavit of the service of the application for the call will be required in cases in which the committee of inspection of the court has authorized a call to be made.

FORM 52. (rule 63.) ORDER FOR PAYMENT OF CALL DUE FROM A CONTRIBUTORY The [blank] day of [blank] 19 [blank]. (Title) Upon the application of the liquidator of the above-named company, and upon reading an affidavit of [blank] filed the [blank] day of [blank] 19 [blank], and an affidavit of the liquidator filed the [blank] day of [blank] 19 [blank], it is ordered that C.D., of & c., (or E.F., of & c., the legal estate representative of L.M., late of, & c., deceased), one of the contributories of the said company (or, if against several contributories, the several persons named in the second column of the schedule to this order, being respectively contributories of the said company), do, on or before the [blank] day of [blank] 19 [blank], or within four days after service of this order, pay to A.B., the liquidator of the said company at his office,

1 [blank], the sum of $ [blank] (if against a legal estate representative add, out of the assets of the said L.M. deceased, in his hands as such legal estate representative as aforesaid to be administered in due course of administration, if the said E.F. has in his hands so much to be administered, or, if against several contributories, the several sums of money set opposite to the respective names in the sixth column of the said schedule hereto), such sum (or sums) being the amount (or amounts) due from the said C.D. (L.M.), (or the said several persons respectively), in respect of the call of $ [blank] per share duly made, dated the [blank] day of [blank] 19 [blank].

1 Insert address.

COMPANIES (WINDING-UP) RULES 1982

And it is ordered that the said several persons do within the like period and at the place aforesaid pay to the said A.B., as such liquidator as aforesaid, interest at the rate of [blank] per cent per annum on the amounts specified in the sixth column of the said schedule form the [blank] day of [blank] 19 [blank], to the date of payment. And it is ordered that the said several persons do within the like period and at the place aforesaid pay to the said A.B., as such liquidator as aforesaid, the several sums set opposite their respective names in the seventh column of the said schedule, such sums being the proportion of the applicant’s costs of the said application payable by such several persons respectively. (Add appropriate paragraphs as to amounts payable by married women and legal estate representatives, if any). THE SCHEDULE REFERRED TO IN THE FOREGOING ORDER

No. on List Name Address Description In what character included Amount due $ ¢

NOTE: The copy for service of the above order must be endorsed as follows— “If you, the under-mentioned A.B., neglect to obey this order by the time mentioned therein you will be liable to process of execution, for the purpose of compelling you to obey the same”.

FORM 53. (rule 63.) AFFIDAVIT OF SERVICE OF ORDER FOR PAYMENT OF CALL (Title) I, F.B., of & c., make oath and say as follows—

1 I did on the [blank] day of [blank] 19 [blank], personally serve G.F., of [blank], & c., with an order made in this matter by this court, dated the [blank] day of [blank] 19 [blank], whereby it was ordered (set out the order) by delivering to and leaving with, the said G.F., at [blank], a true copy of the said order, and at the same time producing and showing unto him, the said G.F., the said original order.

2 There was endorsed on the said copy when so served the following words, that is to say, “If you, the under-mentioned G.F., neglect to obey this order by the time mentioned therein, you will be liable to process of execution for the purpose of compelling you to obey the same“. Sworn, & c.

COMPANIES (WINDING-UP) RULES 1982

FORM 54. (rule 64.) PROOF OF DEBT. GENERAL FORM (Title) You should attend carefully to the directions in the footnotes.

I 1 [blank] of [blank], make oath and say:

(b) That I am in the employ of the under-mentioned creditor, and that I am duly authorized by [blank] to make this affidavit, and that it is within my own knowledge that the debt hereinafter deposed to was incurred and for the consideration stated, and that such debt, to the best of my knowledge and belief, still remains unpaid and unsatisfied.

(c)That I am duly authorized, under the seal of the company hereinafter named, to make the proof of debt on its behalf.

1 That the above-named company was, at the date of the order for winding- up the same, viz., the [blank] day of [blank] 19 [blank], and still is justly and truly indebted to 2 in the sum of dollars [blank] for 3 [blank] as shown by the account endorsed hereon, or by the following account, viz., — for which sum or any part thereof I say that I have not nor hath 4 [blank] or any person by 5 [blank] order to my knowledge or belief for (g) [blank] use had or received any manner of satisfaction or security whatsoever, save and except the following 6—

Date Drawer Acceptor Amount $ ¢ Due Date

Admitted to vote for $ [blank] the [blank] day of [blank] 19 [blank].

1 Fill in full name, address and occupation of deponent. If proof made by creditor strike out clauses (b) and (c). If made by clerk of creditor strike out (c). If by clerk or agent of the company strike out (b).

2 Insert “me and to C.D. and E.F., by co-partners in trade (if any)”, or, if by clerk or agent insert name, address, and description of principal.

3 State consideration (as goods sold and delivered by me (and my said partner) to the company between the dates of (or moneys advanced by me in respect of the under-mentioned bill of exchange) or, (as the case may be)).

4 “My said partners or any of them” or “the above-named creditor” (as the case may be).

5 “My”, or “their”, or “his” (as the case may be).

6 (Here state the particulars of all securities held, and where the securities are on the property of the company assess the value of the same, and if any bills or other negotiable securities be held specify them in the

schedule — ).

COMPANIES (WINDING-UP) RULES 1982

Official Receiver or liquidator.

Admitted to rank for dividend for $ [blank] this [blank] day of [blank] 19 [blank]. Official Receiver or liquidator.

Sworn at [blank] this [blank] day of [blank] 19 [blank]. [Deponent’s Signature] Before me

NOTES: The proof cannot be admitted for voting at the first meeting unless it is properly completed and lodged with the Official Receiver before the time named in the notice convening the meeting. Bills of Exchange or other negotiable securities must be produced before the proof can be admitted.

FORM 55. (rule 71.) PROOF OF DEBT OF WORKMEN (Title)

1. I1 [blank] of [blank]2 make an oath and say:

[blank], and still is justly and truly indebted to the several persons whose names, addresses, and descriptions appear in the schedule endorsed hereon in sums severally set against their names in the sixth column of such schedule for wages due to them respectively as workmen or others in the employ of the company in respect of services rendered by them respectively to the company during such periods as are set out against their respective names in the fifth column of such schedule, for which said sums, or any part thereof, I say that they have not, nor hath any of them had or received any manner of satisfaction or security whatsoever.

Sworn at [blank] this [blank] day of [blank] 19 [blank]. [Deponent’s Signature] Before me

SCHEDULE — REFERRED TO ON THE OTHER SIDE

1 No.

2 Full name of workman

3 Address

1 Fill in full name, address and occupation of deponent.

2 On behalf of the workmen and others employed by the above-named company.

COMPANIES (WINDING-UP) RULES 1982

4 Description

5 Period over which wages due

6 Amount due $ ¢ Signature of Deponent

FORM 56. (rule 74.) NOTICE OF REJECTION OF PROOF OF DEBT (Title) Take notice, that as liquidator of the above-named company, I have this day rejected your claim against the company1 (to the extent of $ [blank]) on the following grounds— And further take notice that subject to the power of the court to extend the time, no application to reverse or vary my decision in rejecting your proof will be entertained after the expiration of 2 [blank] days from this date. Dated this [blank] day of [blank] 19 [blank]

Signature

Address Liquidator.

FORM 57. (rule 84(1).) NOTICE TO CREDITORS OF INTENTION TO DECLARE DIVIDEND (Title)

A 1 dividend is intended to be declared in the above matter. You are mentioned in the statement of affairs, but you have not yet proved your debt. If you do not prove your debt by the [blank] day of [blank] 19 [blank], you will be excluded from this dividend. Dated this [blank] day of [blank] 19 [blank] Liquidator.

To [blank] (Address)

1 If proof wholly rejected strike out words in italic.

2 21 days or 7 days as the case may be.

1 Insert here “first” or “second”, or “final”, or as the case may be.

COMPANIES (WINDING-UP) RULES 1982

FORM 58. (rule 84(1).) NOTICE TO PERSONS CLAIMING TO BE CREDITORS OF INTENTION TO DECLARE FINAL DIVIDEND (Title) Take notice that a final dividend is intended to be declared in the above matter, and that if you do not establish your claim to the satisfaction of the court on or before the [blank] day of [blank] 19 [blank], or such later day as the court may fix, your claim will be expunged, and I shall proceed to make a final dividend without regard to such claim. Dated this [blank] day of [blank] 19 [blank] Liquidator

To X.Y. (Address)

FORM 59. (rule 84(3).) NOTICE OF DIVIDEND Dividend cheques are cancelled at the expiration of six months from date of issue and money orders at the expiration of twelve months from date of issue. (Please bring this Dividend Notice with you) (Title) Dividend of [blank] per cent (Address)

(Date) Notice is hereby given that a [blank] dividend of [blank] per cent has been declared in this matter, and that the same may be received at my office, as above, on the [blank] day of [blank] 19 [blank], or on any subsequent [blank] between, the hours of [blank] and [blank]. Upon applying for payment this notice must be produced entire, together with any bills of exchange, promissory notes or other negotiable securities held by you. If you desire the dividend to be paid to some other person you can sign and lodge with the liquidator an authority in the prescribed Form [blank]. Otherwise if you do not attend personally you must fill up and sign the subjoined forms of RECEIPT and AUTHORITY TO DELIVER, when a cheque or money order payable to your order will be delivered in accordance with the AUTHORITY. To [blank] (Signed) Liquidator.

COMPANIES (WINDING-UP) RULES 1982

NOTE: The receipt or authority should, in the case of a firm, be signed in the firm’s name, or in the case of a limited company by an officer of the company, so described. RECEIPT [blank] 19 [blank]. Received of [blank] in this matter the sum of dollars [blank] and cents being the amount payable to me/us in respect of the dividend of [blank] per cent on my/our claim against this company. Payee’s Signature

$

AUTHORITY FOR DELIVERY (a)

Sir, Please deliver to me/us by post, at my/our risk or to the bearer (b), [blank], a specimen of whose signature is appended hereunder, the cheque or money order for the dividend payable to me/us in this matter.

Specimen signature of Bearer Payee’s signature

To the (Official Receiver and) Liquidator. Date [blank] 19 [blank].

NOTES: (a) This is an authority only to deliver the cheque or money order, NOT to make it payable to another person.

(b) Strike out words inapplicable. If not to be sent by post strike out words in italics and insert the name of the person who is to receive the cheque or money order.

FORM 60. (rule 89.) NOTICE OF MEETING (General Form) (Title) Take notice that a meeting of creditors (or contributories) in the above matter will be held at [blank] on the [blank] day of [blank] 19 [blank], at [blank] o’clock in the [blank] noon. Agenda

1 (Here insert purpose for which meeting called).

COMPANIES (WINDING-UP) RULES 1982

Dated this [blank] day of [blank] 19 [blank]

(Signed)2 Forms of general and special proxies are enclosed herewith. Proxies to be used at the meeting must be lodged not later than [blank] o’clock on the [blank] day of [blank] 19 [blank].

FORM 61. (rule 91.) AUTHORITY TO DEPUTY TO ACT AS CHAIRMAN OF MEETING AND USE PROXIES (Title) I, [blank] the Official Receiver (or the provisional liquidator or liquidator) do hereby nomi- nate Mr. [blank] of [blank] to be chairman of the meeting of creditors (or contributories) in the above matter, appointed to be held at [blank] on the [blank] day of [blank] 19 [blank], (and I depute him 1 [blank] to attend such meeting and use, on my behalf, any proxy or proxies held by me in this matter).2 Dated this [blank] day of [blank] 19 [blank] Official Receiver, Provisional Liquidator, or Liquidator

FORM 62. (rule 103.) GENERAL PROXY (Title) I/We, [blank] of [blank], a creditor (or contributory) hereby appoint (1) to be my/our general proxy to vote at the meeting of creditors (or contributories) to be held in the above matter on the [blank] day of [blank] 19 [blank], or at any adjournment thereof. Dated this [blank] day of [blank] 19 [blank] (Signed) (2)

NOTES: (1) The person appointed general proxy may be the Official Receiver, the liquidator, or such other person as the creditor (or contributory) may approve, and the proxy form when signed must be lodged by the time and at the address named for that purpose in the notice convening the meeting at which it is to be used.

2 “Liquidator” or “Official Receiver”.

1 Where authority given by the Official Receiver, Provisional Liquidator or Liquidator.

2 Here insert “being a person under my official control”.

COMPANIES (WINDING-UP) RULES 1982

(2) If a firm, sign the firm’s trading title, and add “by A.B., a partner in the said firm”. If the appointor is a corporation, then the form of proxy must be under its common seal or under the hand of some officer duly authorized in that behalf, and the fact that the officer is so authorized must be stated thus:— For the [blank] Company. J.S. (duly authorized under the seal of the company). Certificate to be signed by person other than creditor (or contributory) filling up the above proxy.

I, [blank], being a 1 hereby certify that all insertions in the above proxy are in my own handwriting, and have been made by me at the request of the above-named [blank] and in his presence, before he attached his signature (or mark) thereto. Dated this [blank] day of [blank] 19 [blank] (Signature) In a voluntary winding-up the liquidator or if there is no liquidator the chairman of a meeting may but the Official Receiver, Provisional Liquidator or Liquidator may not be appointed proxy. The proxy form will be altered accordingly.

FORM 63. (rule 103.) SPECIAL PROXY (Title) I/We, [blank] of [blank], hereby appoint (1) [blank] as my/our proxy at the meeting of creditors (or contributories) to be held on the [blank] day of [blank] 19 [blank], or at any adjournment thereof, to vote 1 [blank] the resolution numbered [blank] in the [blank]. Dated this [blank] day of [blank] 19 [blank] (Signed)(2)

NOTES: (1) The person appointed proxy may be the Official Receiver, the provisional liquidator or the liquidator, or such other person as the creditor (or contributory) may approve, and the proxy form when signed must be lodged by the time and at the address named for that purpose in the notice convening the meeting at which it is to be used. A creditor (or contributory) may give a special proxy to any person to vote at any specified meeting or adjournment thereof on all or any of the following matters—

(a) for or against the appointment or continuance in office of any specified person as liquidator or as member of the committee of inspection;

1 Here state whether clerk or manager in the regular employment of the creditor or contributory or the attorney employed by him in connexion with the matter or a commissioner to administer oaths in the Supreme Court.

1 Here insert the word “for” or the word “against” as the case may require, and specify the particular resolution.

COMPANIES (WINDING-UP) RULES 1982

(b) on all questions relating to any matter, other than those above referred to, arising at a specified meeting or adjournment thereof.

(2) If a firm, sign the firm’s trading title, add “by A.B., a partner in the said firm”. If the appointor is a corporation, then the form of proxy must be under its common seal or under the hand of some officer duly authorized in that behalf, and the fact that he is so authorized must be stated. Certificate to be signed by person other than creditor or contributory filling up the above proxy.

I, [blank] of [blank], being a 2 hereby certify that all insertions in the above proxy are in my own handwriting, and have been made by me at the request of the above-named [blank] and in his presence, before he attached his signature (or mark) thereto. Dated this [blank] day of [blank] 19 [blank] (Signature) In a voluntary winding-up the liquidator or if there is no liquidator the chairman of a meeting may but the Official Receiver or provisional liquidator may not be appointed proxy. The proxy form will be altered accordingly.

FORM 64. (rule 85.) NOTICE TO CREDITORS OF FIRST MEETING (Title) (Under the order for winding-up the above-named [blank] company, dated the [blank] day of [blank] 19 [blank].) Notice is hereby given that the first meeting of creditors in the above matter will be held at [blank] on the [blank] day of [blank] 19 [blank], at [blank] o’clock in the [blank] noon. To entitle you to vote thereat your proof must be lodged with me not later than [blank] o’clock on the [blank] day of [blank] 19 [blank]. Forms of proof and of general and special proxies are enclosed herewith. Proxies to be used at the meeting must be lodged with me not later than [blank] o’clock on the day. Official Receiver provisional liquidator Address

(The statement of the company’s affairs 1 [blank]) Note.

2 Here state whether clerk or manager in the regular employment of the creditor or contributory or the attorney employed by him in connexion with the matter or a commissioner to administer oaths in the Supreme Court.

1 Here insert “has not been lodged” or “has been lodged, and summary is enclosed”.

COMPANIES (WINDING-UP) RULES 1982

At the first meetings of the creditors and contributories they may amongst other things—

1 By resolution determine whether or not an application is to be made to the court to appoint a liquidator in place of the Official Receiver or provisional liquidator.

2 By resolution determine whether or not an application shall be made to the court for the appointment of a committee of inspection to act with the liquidator, and who are to be the members of the committee if appointed.

NOTE: If a liquidator is not appointed by the court the Official Receiver or provisional liquidator will be the liquidator.

FORM 65. (rule 85.) NOTICE TO CONTRIBUTORIES OF FIRST MEETING (Title) Notice is hereby given that the first meeting of the contributories in the above matter will be held at [blank] on the [blank] day of [blank] 19 [blank], at [blank] o’clock [blank] in the [blank] noon. Forms of general and special proxies are enclosed herewith. Proxies to be used at the meeting must be lodged with me not later than [blank] o’clock on the [blank] day of [blank]

19 [blank]. Dated this [blank] day of [blank] 19 [blank] Official Receiver or provisional liquidator. Address.

(The statement of the company’s affairs 1 [blank]) Note. At the first meetings of the creditors and contributories they may amongst other things—

1 By resolution determine whether or not an application is to be made to the court to appoint a liquidator in place of the Official Receiver or provisional liquidator.

2 By resolution determine whether or not an application shall be made to the court for the appointment of a committee of inspection to act with the liquidator, and who are to be the members of the committee if appointed.

1 Here insert “has not been lodged” or “has been lodged, and summary is enclosed”.

COMPANIES (WINDING-UP) RULES 1982

NOTE: If a liquidator is not appointed by the court the Official Receiver or provisional liquidator will be the liquidator.

FORM 66. (rule 85.) NOTICE TO DIRECTORS AND OFFICERS OF COMPANY TO ATTEND FIRST MEETING OF CREDITORS OR CONTRIBUTORIES (Title) Take notice that the first meeting of creditors (or contributories) will be held on the [blank] day of [blank] 19 [blank], at [blank] o’clock at1 [blank] and that you are required to attend thereat, and give such information as the meeting may require. Dated this [blank] day of [blank] 19 [blank]

To 2 Official Receiver or provisional liquidator.

NOTE: The failure of any director or officer to attend will be reported by the Official Receiver or provisional liquidator to the Court.

FORM 67. (rule 94(2).) MEMORANDUM OF PROCEEDINGS AT ADJOURNED FIRST MEETING (No quorum) (Title) Before [blank] at [blank] on the [blank] day of [blank] 19 [blank], at [blank] o’clock.

Memorandum—The adjourned meeting of 1 [blank] in the above matter was held at the time and place above-mentioned; but it appearing that there was not a quorum of (a) [blank] qualified to vote present or represented, no resolution was passed, and the meeting was not further adjourned. Chairman

FORM 68. (rule 101(2).)

LIST OF CREDITORS1 PRESENT TO BE USED AT EVERY MEETING

1 Here insert place where meeting will be held.

2 Insert name of person required to attend.

1 Insert “creditors” or “contributories”, as the case may be.

COMPANIES (WINDING-UP) RULES 1982

(Title) Meeting held at [blank] this [blank] day of [blank] 19 [blank].

Number Names of creditors (a) presentor represented Amount of proof2 $ ¢

2 3 4 5 6 7

7 Total number of creditors (a) present or represented.

FORM 69. (rule 122.) APPLICATION TO REGISTRAR OF COMPANIES TO AUTHORIZE A SPECIAL BANK ACCOUNT (Title) We, the committee of inspection, being of opinion that Mr. [blank] of [blank], the liquidator in the above matter, should have a special bank account for the purpose of1 [blank] hereby apply to the Official Receiver to authorize him to make his payments into and out of the [blank] bank. All cheques to be countersigned by [blank], a member of the committee of inspection, and by [blank] of [blank]. Dated this [blank] day of [blank] 19 [blank] Committee of Inspection

FORM 70. (rule 122.) ORDER OF REGISTRAR OF COMPANIES FOR SPECIAL BANK ACCOUNT (Title)

1 “or contributories”.

2 In cases of contributories insert “number of shares” and “number of votes according to the regulations of the company”.

1 Here insert grounds of application.

COMPANIES (WINDING-UP) RULES 1982

You are hereby authorized to make your payments in the above matter into, and out of, the [blank] bank. (Here insert any special terms) All cheques to be countersigned by [blank], a member of the committee of inspection, and by [blank] Dated this [blank] day of [blank] 19 [blank]

To [blank] Liquidator Registrar of Companies

FORM 71. (rule 125.) CERTIFICATE AND REQUEST BY COMMITTEE OF INSPECTION AS TO INVESTMENT OF FUNDS (Title) We, the committee of inspection in the above matter, hereby certify that in our opinion the cash balance standing to the credit of the above-named company is in excess of the amount which is required for the time being to answer demands in respect of such company’s estate, and request that the Registrar of Companies will invest the sum of $ [blank] by placing the same upon fixed deposit for the space of months with the [blank] for the benefit of the said company. Dated this [blank] day of [blank] 19 [blank] Committee of Inspection

FORM 72. (rule 125.) REQUEST BY COMMITTEE OF INSPECTION TO THE REGISTRAR OF COMPANIES TO REALIZE INVESTMENT (Title) We, the committee of inspection in the above matter, hereby certify that a sum of $ [blank], forming part of the assets of the above-named company, has been invested by placing the same on fixed deposit with the [blank] (or as the case may be) and that the sum of $ [blank] is now required to answer demands in respect of the said company. And we request that so much of the said investment as may be necessary for the purpose of answering such demands may be realized by the Registrar of Companies and placed to the credit of the said company. Dated this [blank] day of [blank] 19 [blank]

COMPANIES (WINDING-UP) RULES 1982

Committee of Inspection

FORM 73. (rule 126.) CERTIFICATE BY COMMITTEE OF INSPECTION AS TO AUDIT OF LIQUIDATOR’S CASH BOOK (Title) We, the undersigned, members of the committee of inspection in the winding-up of the above-named company, hereby certify that we have examined the foregoing cash book with the vouchers, and that to the best of our knowledge and belief the said cash book contains a full, true, and complete account of the liquidator’s receipts and payments. Dated this [blank] day of [blank] 19 [blank] Committee of Inspection

FORM 74. (rule 126.) AFFIDAVIT VERIFYING LIQUIDATOR’S ACCOUNT UNDER SECTION 180 (Title) I, G.H., of [blank], the liquidator of the above-named company, make oath and say—

That *the account hereunto annexed marked B contains a full and true account of my receipts and payments in the winding-up of the above-named company from the [blank] day of [blank] 19 [blank], to the [blank] day of [blank] 19 [blank], inclusive *and that I have not, nor has any other person by my order or for my use, during such period received any moneys on account of the said company *other than and except the items mentioned and specified in the said account. And I make this solemn declaration conscientiously believing the same to be true. Sworn at, & c.

*NOTE: If no receipts or payments strike out the whole words in italics.

FORM 75. (rule 128.) LIQUIDATOR’S TRADING ACCOUNT UNDER SECTION 180 (Title) G.H. the liquidator of the above-named company in account with the estate.

RECEIPTS Dr Date

COMPANIES (WINDING-UP) RULES 1982

PAYMENTS Cr Date Liquidator

(Date) We have examined this account with the vouchers and find the same correct, and we are of opinion the expenditure has been proper. Dated this [blank] day of [blank] 19 [blank] Committee of Inspection (or member of the Committee of Inspection)

FORM 76. (rule 128.) STATUTORY DECLARATION VERIFYING LIQUIDATOR’S TRADING ACCOUNT UNDER SECTION 180 (Title) I, [blank] the liquidator of the above-named company, make oath and say that the account hereto annexed is a full, true and complete account of all money received and paid by me or by any person on my behalf in respect of the carrying on of the trade or business of the company, and that the sums paid by me as set out in such account have, as I believe, been necessarily expended in carrying on such trade or business. Sworn, & c. Liquidator

FORM 77. (rule 135.) REQUEST TO DELIVER BILL FOR TAXATION (Title) I hereby request that you will, within [blank] days of this date, or such further time as the court may allow, deliver to me for taxation by the proper officer your bill of costs (or charges) as 1 [blank] failing which, I shall in pursuance of the Companies Act 1981 and rules proceed to declare and distribute a dividend without regard to any claim which you may have against the assets of the company, and your claim against the assets of the company will be liable to be forfeited. Dated this [blank] day of [blank] 19 [blank]

1 Here state nature of employment.

COMPANIES (WINDING-UP) RULES 1982

FORM 78. (rules 142 and 143.) [Re [blank] This is the Exhibit marked “B” referred to in the affidavit of [blank]; sworn before me this [blank] day of [blank] 19 [blank]. A Commissioner for Oaths] STATEMENT OF RECEIPTS AND PAYMENTS AND GENERAL DIRECTION AS TO STATEMENTS (Name of company)

(1) Every statement must be on sheets 13 inches by 16 inches.

(2) Every statement must contain a detailed account of all the liquidator’s realizations and disbursements in respect of the company. The statement of realizations should contain a record of all receipts derived from assets existing at the date of the winding-up order or resolution and subsequently realized, including balance in bank, book debts and calls collected, property sold, & c.; and the account of disbursements should contain all payments for costs and charges, or to creditors, or contributories. Where property has been realized, the gross proceeds of sale must be entered under realizations, and the necessary payments incidental to sales must be entered as disbursements. These accounts should not contain payments into the companies liquidation account (except unclaimed dividends—see para. 5) or payments into or out of bank, or temporary investments by the liquidator, or the proceeds of such investments when realized, which should be shown separately—

(a) by means of the bank pass-book;

(b) by a separate detailed statement of moneys invested by the liquidator, and investments realized. Interest allowed or charged by the bank, bank commission, & c., and profit or loss upon the realization of temporary investments, should, however, be inserted in the accounts of realization or disbursements, as the case may be. Each receipt and payment must be entered in the account in such a manner as sufficiently to explain its nature. The receipts and payments must severally be added up at the foot of each sheet, and the totals carried forward from one account to another without any intermediate balance, so that the gross totals shall represent the total amounts received and paid by the liquidator respectively.

(3) When the liquidator carries on a business, a trading account must be forwarded as a distinct account, and the totals of receipts and payments on the trading account must alone be set out in the statement.

(4) When dividends or instalments of compositions are paid to creditors, or a return of surplus assets is made to contributories, the total amount of each dividend, or instalment of composition, or return to contributories, actually paid, must be entered in the statement of disbursements as one sum; and the liquidator must forward separate accounts showing in lists the amount of the claim of each creditor, and the amount of dividend or composition payable to each creditor, and of surplus assets payable to each contributory, distinguishing in each list the dividends or instalments of composition and shares of surplus assets

COMPANIES (WINDING-UP) RULES 1982

actually paid and those remaining unclaimed. Each list must be on sheets 13 inches by 8 inches.

(5) When unclaimed dividends, instalments of compositions or returns of surplus assets are paid into the companies liquidation account, the total amount so paid in should be entered in the statement of disbursements as one sum.

(6) Credit should not be taken in the statement of disbursements for any amount in respect of liquidator’s remuneration unless it has been duly allowed by resolution of the committee of inspection or of the creditors or of the company in general meeting, or by order of court as the case may require. LIQUIDATOR’S STATEMENT OF ACCOUNT Pursuant to section 256 of the Companies Act 1981 Name of company Nature of proceedings (whether wound up by the court, or under the supervision of the court, or voluntarily). Date of commencement of winding-up. Date to which statement is brought down. Name and address of liquidator. This statement is required in duplicate LIQUIDATOR’S STATEMENT OF ACCOUNT PURSUANT TO SECTION 256 OF THE COMPANIES ACT 1981

REALIZATIONS

Date Of Whom received Nature of assets realized Brought forward Amount $ ¢

DISBURSEMENTS

Date Of Whom paid Nature of Disbursements Brought forward Amount $ ¢ NOTE: No balance should be shown on this account, but only the total realizations and disbursements, which should be carried forward to the next account. ANALYSIS OF BALANCE [temporarily omitted]

COMPANIES (WINDING-UP) RULES 1982

FORM 79. (rules 142 and 143.) AFFIDAVIT VERIFYING STATEMENT OF LIQUIDATOR’S ACCOUNT UNDER SECTION 256 (Name of company) I, [blank], of [blank], the liquidator of the above-named company, make oath and say—

That *the account hereunto annexed marked “B”, contains a full and true account of my receipts and payments in the winding-up of the above-named company, from the [blank] day of [blank] 19 [blank], to the [blank] day of [blank] 19 [blank], inclusive, *and that I have not, nor has any other person by my order or for my use during such period, received or paid any moneys on account of the said company, *other than and expect the items mentioned and specified in the said account. I further say that the particulars given in the annexed Form [blank] marked “B”, with respect to the proceedings in and position of the liquidation, are true to the best of my knowledge and belief.

Sworn at [blank] *NOTE: If no receipts or payments, strike out the words in italics. The affidavit is not required in duplicate, but it must in every case be accompanied by a statement on Form [blank] in duplicate.

FORM 80. (rules 142 and 146) LIQUIDATOR’S TRADING ACCOUNT UNDER SECTION 256 (Name of company) Insert here the name of the company. Insert here the name of the liquidator.

[blank] the liquidator of the above-named company in account with the estate. This account is required in duplicate in addition to Form 78.

RECEIPTS

Dr. Date

PAYMENTS

Cr. Date

COMPANIES (WINDING-UP) RULES 1982

Date Liquidator

FORM 81. (rules 142 and 146.) LIST OF DIVIDENDS OR COMPOSITION (Name of company) I hereby certify that a dividend (or composition) of [blank] per cent was declared payable on and after the [blank] day of [blank] 19 [blank], and that the creditors whose names are set forth below are entitled to the amounts set opposite their respective names, and have been paid such amounts except in the cases specified as unclaimed. Liquidator. Dated this [blank] day of [blank] 19 [blank]

To the Minister of Finance

Surname Christian name Amount of proof $ ¢ Amount of dividend (or composition) Paid $ ¢ Unclaimed $ ¢ This List is required in duplicate

FORM 82. (rules 142 and 146.) LIST OF AMOUNTS PAID OR PAYABLE TO CONTRIBUTORIES (Name of company) I hereby certify that a return of surplus assets was declared payable to contributories on and after the [blank] day of [blank] 19 [blank], at the rate of [blank] per share, and that the contributories whose names are set forth below are entitled to the amounts set opposite their respective names, and have been paid such amounts except in the cases specified as unclaimed. Liquidator. Dated this [blank] day of [blank] 19 [blank]

To the Minister of Finance

Surname Christian name

COMPANIES (WINDING-UP) RULES 1982

No. of shares Amount returned on shares Paid $ ¢ Unclaimed $ ¢ This List is required in duplicate

FORM 83. (rule 145.) AFFIDAVIT VERIFYING ACCOUNT OF UNCLAIMED AND UNDISTRIBUTED FUNDS (Title) I, [blank] of [blank] make oath and say that the particulars entered in the statement hereunto annexed, marked “A”, are correct, and truly set forth all money in my hands or under my control, representing unclaimed or undistributed assets of the above company, and that the amount due by me to the companies liquidation account in respect of unclaimed dividends and undistributed funds if $ [blank]. Signature.

Sworn, & c.

FORM 84. (rule 150.) NOTICE TO CREDITORS AND CONTRIBUTORIES OF INTENTION TO APPLY FOR RELEASE (Title) Take notice that I, the undersigned liquidator of the above-named company, intend to apply to the court for my release, and further take notice that any objection you may have to the granting of my release must be notified to the court within twenty-one days of the date hereof. A summary of my receipts and payments as liquidator is hereto annexed. Dated this [blank] day of [blank] 19 [blank] Liquidator.

FORM 85. (rule 150.) APPLICATION BY LIQUIDATOR TO THE COURT FOR RELEASE (Title)

COMPANIES (WINDING-UP) RULES 1982

I, [blank] the liquidator of the above-named company do hereby report to this Honourable Court as follows—

1 That the whole of the property of the company has been realized for the benefit of the creditors and contributories (and a dividend to the amount of $ [blank] per cent has been paid as shown by the statement hereunto annexed, and a return of [blank] per share has been made to the contributories of the company); (or That so much of the property of the company as can, according to the joint opinion of myself and the committee of inspection, hereunto annexed, in writing under our hands, be realized without needlessly protracting the liquidation, has been realized, as shown by the statement hereunto annexed, and a dividend to the amount of $ [blank] per cent has been paid, together with a return of [blank] per share to the contributories of the company);

2 I hereby make application to this Honourable Court, (i) that it cause a report on my accounts to be prepared, and (ii) that on my complying with all the requirements of the court, it take into consideration the report and make an order granting my release. Dated this [blank] day of [blank] 19 [blank] Liquidator.

FORM 86. (rule 150.) STATEMENT TO ACCOMPANY NOTICE OF APPLICATION FOR RELEASE (Title) Statement showing position of company at date of application for release [temporarily omitted] Assets not yet realized, including calls, estimated to produce $ [blank] (Add here any special remarks the liquidator thinks desirable). Creditors can obtain any further information by inquiry at the office of the liquidator.

Dated this [blank] day of [blank] 19 [blank]

(Signature of Liquidator)

(Address) [Appendix amended by BR 120 / 2020 rule 59 effective 12 November 2020]

1 Add if necessary, “That the rights of the contributories between themselves have been adjusted”.

COMPANIES (WINDING-UP) RULES 1982

[Amended by: BR 120 / 2020]