Rechtsbibliothek und Fallanalyse · Österreich · Belgien · Europäische Union
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S.L. 234.42 · Merchant Shipping (Shipping Organisations (S.L. 234.42)

S.L. 234.42 Art. 151Court may determine questions and exercise powers.

PART V

In KraftAmtlicher Text

(1) The liquidator or any member, or creditor may apply to the court to determine any question arising in the course of winding up of a company, or to exercise, as respects the enforcement of calls or any other matter, all or any of the powers which the court might exercise if the company were being wound up by the court.

(2) The liquidator may apply to the court to fix a time or times within which creditors are to prove their debts or claims or to be excluded from the benefit of any distribution made before those debts are proved.

(3) The court, if satisfied that the determination of the question or the required exercise of power referred to in subregulation (1) will be just and beneficial, may, but subject to the limitations under article 37C of the Act, accede wholly or partially to the application on such terms and conditions as it thinks fit or may make such other order on the application as it so determines.

(4) A copy of any order made by virtue of this regulation staying the proceedings in the winding up shall forthwith be forwarded by the Registrar of Courts to the Registrar who shall make a minute of the order in the register relating to the company. SUB-PART III - PROVISIONS APPLICABLE TO EVERY MODE OF WINDING UP

Chapter I - General Provisions