Journal der 1113. Sondersitzung des Ständigen Rates

document
Preliminary and general provisions
Receivers and managers appointed out of court
Provisions applicable to every receivership
Administrative receivers: general
Administrative receivers: ascertainment and investigation of company's affairs
Extent of this Chapter.
Power to appoint receiver.
Circumstances justifying appointment.
Mode of appointment by holder of charge.
Appointment by court.
Powers of receiver.
Precedence among receivers.
Agency and liability of receiver for contracts.
Remuneration of receiver.
Priority of debts.
Distribution of moneys.
Disposal of interest in property.
Cessation of appointment of receiver.
Powers of court.
Notification that receiver appointed.
Information to be given by receiver.
Company’s statement of affairs.
Report by receiver.
Committee of creditors
Enforcement of receiver’s duty to make returns, etc.
Interpretation for Chapter II.
Prescription of forms, etc.; regulations.
Cross-border operation of receivership provisions.
Modes of winding up
Contributories
Resolutions for, and commencement of, voluntary winding up
Consequences of resolution to wind up
Declaration of solvency
Appointment of liquidator.
Power to fill vacancy in office of liquidator.
General company meeting at each year’s end (Scotland)
Final account prior to dissolution
Effect of company’s insolvency.
Conversion to creditors’ voluntary winding up.
Application of this Chapter.
Meeting of creditors.
Directors to lay statement of affairs before creditors.
Appointment of liquidator.
Appointment of liquidation committee.
Creditors’ meeting where winding up converted under s. 96.
Cesser of directors’ powers.
Vacancy in office of liquidator.
Meetings of company and creditors at each year’s end (Scotland).
Final account prior to dissolution.
Distribution of company’s property.
Appointment or removal of liquidator by the court.
Notice by liquidator of his appointment.
Acceptance of shares, etc., as consideration for sale of company property.
Dissent from arrangement under s. 110.
Reference of questions to court.
Court’s power to control proceedings (Scotland).
No liquidator appointed or nominated by company.
Expenses of voluntary winding up.
Saving for certain rights.
Jurisdiction (England and Wales)
Jurisdiction {Scotland}
Grounds and effect of winding-up petition
Commencement of winding up
Investigation procedures
Appointment of liquidator
Liquidation committees
The liquidator's functions
General powers of court
Enforcement of, and appeal from, orders
Preliminary
Liquidator's powers and duties
Removal; vacation of office
Release of liquidator
Preferential debts
Special managers
Disclaimer (England and Wales only)
Execution, attachment and the Scottish equivalents
Miscellaneous matters
Dissolution (voluntary winding up).
Early dissolution (England and Wales).
Consequence of notice under s. 202.
Early dissolution (Scotland).
Dissolution otherwise than under ss. 202-204.
Offences of fraud, deception, etc.
Penalisation of directors and officers
Investigation and prosecution of malpractice
Preliminary
Creditor's petition
Debtor's petition
Other cases for special consideration
Commencement and duration of bankruptcy; discharge
Definition of bankrupt’s estate.
Restrictions on dispositions of property.
Restriction on proceedings and remedies.
Power to appoint interim receiver.
Powers of interim receiver.
Statement of affairs.
Investigatory duties of official receiver
Public examination of bankrupt.
Duties of bankrupt in relation to official receiver.
Tenure of office as trustee
Control of trustee
Preliminary
Acquisition, control and realisation of bankrupt's estate
Disclaimer of onerous property
Distribution of bankrupt's estate
Supplemental
Rights of occupation
Adjustment of prior transactions, etc.
Preliminary
Wrongdoing by the bankrupt before and after bankruptcy
General control of court.
Power of arrest.
Seizure of bankrupt’s property.
Inquiry into bankrupt’s dealings and property.
Court’s enforcement powers under s. 366.
Provision corresponding to s. 366, where interim receiver appointed.
Order for production of documents by inland revenue.
Power to appoint special manager.
Re-direction of bankrupt’s letters, etc.