Creditors meeting - winding up, Business Law and Ethics

Creditors meeting - winding up:

The creditors' meeting is convened for the same day at a later time than the members' meeting or it is held the following day.  One of the directors presides at the creditors' meeting and lays before it a full statement of the company's affairs and a list of creditors with the amounts owing to them. The creditors' meeting nominates a liquidator and up to five representatives of creditors to be members of the committee of inspection. If the creditors nominate a different person to be liquidator their choice prevails over the nomination by the members (subject to a right of appeal to the court).

It is no longer possible to prevent the creditors from appointing the first liquidator by failing to call a creditors' meeting after holding a members' meeting (to appoint a liquidator of their choice) on short notice.  (This device was first developed in Re Centrebind (1966) and is colloquially called "centrebinding").  Any meeting of members called to initiate a winding up must be convened with not less than 7 days notice.

Posted Date: 1/15/2013 5:03:57 AM | Location : United States







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