Company Precedents, for Use in Relation to Companies Subject to the Companies Acts 1862 to 1880: With Copious Notes

Francis Beaufort Palmer

Stevens, 1881 - 636 pages

Contents

• INTRODUCTORY NOTES: 1
• Allowance on account of remuneration: 7
• Agreement with agent for intended company for sale of business: 9
• Andersons Case 13 14 15 32 56: 13
• Bentleys Case: 14
• Agreement for formation of company by promoter and for sale: 18
• TRANSFER: 19
• continued: 21
• Liberty to give possession of property to trustees for debenture: 25
• Agreement for sale to company of foreign mines Premises to: 26
• Agreement by company adopting contract made on its behalf: 33
• Agreement as to issue of paidup shares pursuant to another con: 35
• Agreement for the appointment of a manager by a company: 41
• 18: 46
• RESOLUTIONS: 56
• 21: 57
• Memorandum of a company limited by shares: 60
• Memorandum of unlimited company: 67
• 26: 70
• OBJECTS CLAUSES: 73
• 30: 76
• Discount company: 79
• Public hall: 85
• Another form providing for shorthand notes: 86
• Form PAGE 59 Skating rink: 87
• Tramways: 88
• Waggon works etc company: 89
• ARTICLES OF ASSOCIATION INTRODUCTORY NOTE 9294: 92
• Articles of a company limited by shares: 95
• 528: 96
• Certificates: 98
• Calls: 99
• Transfer and transmission of shares or stock: 102
• Share warrants: 106
• Conversion of shares into stock: 109
• Reduction of capital consolidation and subdivision of shares: 111
• General meetings: 113
• Notice of meeting 2: 114
• Proceedings at general meetings: 115
• Votes of members: 117
• Directors: 120
• Rotation of directors: 123
• Managing director: 125
• Proceedings of directors: 126
• Minutes: 128
• Solicitors: 133
• Dividends: 134
• Accounts: 136
• Audit: 137
• Notices: 138
• Arbitration: 140
• Winding up: 141
• Requisition of members for a general meeting: 146
• Directors to adopt agreement: 152
• Increase of capital: 160
• Another cancelling lost capital: 180
• Form PAGE 103 Alteration of articles: 188
• New articles adopted: 189
• Preference shares: 190
• Variation: 191
• Guaranteed preference shares: 192
• Conversion of shares into stock: 193
• Subdivision of shares: 194
• Reduction of capital: 195
• Change of name: 196
• Application for certificate of incorporation with limited liability: 199
• Statutory declaration on registration: 200
• Notice to customers of Bank: 201
• Notice of allotment of shares: 203
• Notice before forfeiture for nonpayment of call: 204
• Another: 205
• Notice of meeting to confirm special resolution: 206
• Injunction to restrain exclusion of director: 209
• Rights of preference stock holders declared and infringements: 215
• 158a Coupon: 222
• 71: 224
• ORDERS: 228
• 72: 236
• Clause providing for remuneration of promoter: 241
• Debenture secured by trust deed: 254
• To accept bills: 271
• Attestation clause where deed to be registered as bill of sale: 272
• INTRODUCTORY NOTE: 275
• To receive deposits: 277
• Trust deed for securing debenture stock Conditions of issue: 278
• Form PAGE 591 Notice to creditors 477: 289
• COMPROMISES: 300
• Contract to take shares set aside: 301
• Director ordered to pay value of shares received from promoters: 308
• Directors ordered to make good breach of trust: 315
• Order confirming scheme: 320
• Form PAGE 237 Declaration A and B debentures: 324
• Declaration Accounts Subsequent incumbrances: 325
• Trust deed Accounts: 326
• Several trust deeds accounts and inquiries: 327
• Foreign property Trust deed: 328
• Receiver and manager after security given: 329
• Clerk of company to be receiver and manager without security: 330
• Approval of conditional contract for sale: 331
• Approval of contract for lease: 332
• Liberty to raise money to pay off prior incumbrances: 333
• Liberty to send telegram: 334
• Advertisement convening meeting of debenture holders: 335
• Dividend to debenture holders: 336
• WINDINGUP COMPULSORY PRELIMINARY 268 Advertisement of presentation of petition: 338
• Affidavit in support of petition: 339
• Affidavit of service of petition: 340
• office demolished: 341
• Order for petition to stand over Liberty to bring action: 342
• Order to stand over: 343
• Reference to county court: 349
• Summons to compel delivery of companys books and papers: 353
• Order for payment to late prov liq of certified balance: 355
• Formal parts of ordinary summons: 356
• Bond where guarantee company sureties: 363
• PROCEEDINGS UNDER SEC 165: 367
• 337: 369
• 358a: 376
• Order for sale subject to special conditions: 382
• Appointment of surveyor to distinguish fixtures from chattels: 386
• REMUNERATION OF OFFICIAL LIQUIDATOR: 390
• Australian c Co v Mounsey: 393
• Liberty to repay premiums paid by mistake: 394
• Summons by off liq for liberty to retain money on account: 398
• Order to settle executors in list: 400
• 426: 404
• Order giving time to file evidence: 406
• Bahia c Railway Co 104 212 220: 407
• Liberty to pay dividend when debt assigned: 410
• Order for payment of calls where co unregistered: 412
• Order for repayment of money improperly paid for preliminary: 415
• Liberty to contributory to attend: 418
• Order restraining actions by reference to schedule: 426
• Form PAGE 493 Order transferring actions: 430
• Order for transfer: 431
• Liberty to debenture holder to bring action: 432
• Liberty to proceed with action by debenture holders: 433
• Liberty to proceed with arbitration: 434
• DISCOVERY AND INSPECTION OF DOCUMENTS 506 Summons for affidavit of documents and inspection: 435
• Order for affidavit and inspection: 436
• Order against several respondents: 437
• Order for inspection: 438
• Notice to produce deponent for crossexamination: 439
• Order to attend: 440
• to take crossexamination of claimant: 441
• in general terms: 441
• Notice to produce before special examiner: 442
• Summons to attend for examination: 443
• Order giving liberty to summon: 444
• Affidavit of off liq as to remuneration: 448
• Order on directors to repay monies improperly retained to: 452
• Liberty to pay off mortgage out of proceeds of sale: 455
• OFFICIAL LIQUIDATORS COSTS: 456
• Form PAGE 558 Order giving liberty to pay costs: 459
• Notice of appeal motion: 460
• Order on appeal discharging order: 461
• Order restraining advertisement pending appeal: 462
• Order allowing liquidators costs of appeal: 463
• Order to pay unclaimed dividends into court: 464
• Usual order to: 465
• Dissolution where guarantee company are sureties: 466
• Order for distribution of assets and dissolution: 467
• VOLUNTARY WINDING UP 577 Notice of first meeting to pass special resolution to wind up: 468
• Notice of second meeting to confirm special resolution to wind up: 469
• Notice of meeting to pass extraordinary resolution to wind up: 470
• Notice for Gazette of extraordinary resolution to wind up: 471
• Call: 472
• Notice of call: 473
• Order enforcing call made by liquidator: 474
• 475 590 Notice of motion to restrain distress: 476
• Summons for adjudication on disputed claims: 477
• Order for inquiry as to creditors of company: 478
• Order sanctioning sales by liquidator: 479
• Resolutions as to remuneration of liquidator: 480
• 481 600 Order as to remuneration of liquidator: 481
• Order to bring in account of liquidator: 482
• Notice of motion upon application under s 138: 483
• Order giving general liberty to apply: 485
• Notice convening final meeting: 486
• Notice to Registrar of final meeting: 487
• Advertisement of windingup order: 488
• Order for appointment of liquidators: 489
• Order as to appointing solicitor to liquidation: 490
• Another: 491
• Taxation of liquidators costs: 492
• Liberty to call final meeting: 493
• RECONSTRUCTION: 494
• Order on summons as to dissentient: 500
• Agreement between liquidators of old company and new company with a view to the reconstruction of the old company: 503
• Resolutions with a view to reconstruction: 506
• 623a Notice of dissent pursuant to s 161: 507
• Form PAGE: 521
• Arrangement under which creditors to accept composition: 531
• Order sanctioning scheme: 541
• 412: 542
• Petition: 544
• Order sanctioning scheme: 550
• Tax costs including costs of action: 551
• Order confirming scheme: 553
• Summons for liberty to pay costs: 557
• Scheme: 560
• Another Act for like purposes and also conferring special: 580
• Act extending the objects of a company formed under the: 591
• Act authorising two tramway companies incorporated by special: 605
• 455: 609
• Order for extending time for advertising windingup order: 610
• Application for shares: 611
• Order for meeting 551: 612
• 457: 615
• 80: 620
• Remuneration to be assessed and paid: 624
• 605: 626
• 167182: 627

Popular passages

Page 126 - The directors may elect a chairman of their meetings and determine the period for which he is to hold office ; but if no such chairman is elected, or if at any meeting the chairman is not present within five minutes after the time appointed for holding the same, the directors present may choose one of their number to be chairman of the meeting.

Page 103 - CD the share [or shares] numbered standing in my name in the books of the company to hold unto the said CD his executors administrators and assigns subject to the several conditions on which I held the same at the time of the execution hereof and I the said CD do hereby agree to take the said share [or shares] subject to the same conditions.

Page 45 - A declaration that the liability of the members is limited : (5.) The amount of capital with which the company proposes to be registered divided into shares of a certain fixed amount...

Page 613 - Bedford's Final Examination Digest : containing a Digest of the Final Examination Questions in matters of Law and Procedure determined by the Chancery, Queen's Bench, Common Pleas, and Exchequer Divisions of the High Court of Justice, and on the Law of Real and Personal Property and the Practice of Conveyancing, with the Answers. 8vo. 1879. 16».

Page 386 - Act, and whose estate may prove to be insufficient for the payment in full of his debts and liabilities, the same rules shall prevail and be observed as to the respective rights of secured and unsecured creditors, and as to debts and liabilities provable, and as to the valuation of annuities and future or contingent liabilities, respectively, as may be in force for the time being under the law of bankruptcy with respect to the estates of persons adjudged bankrupt...

Page 626 - Greenwood's Manual of Conveyancing.— A Manual of the Practice of Conveyancing, showing the present Practice relating to the daily routine of Conveyancing in Solicitors

Page 172 - ... particular with intent to deceive or defraud any member, shareholder or creditor of such body corporate or public company, or with intent to induce any person to become a shareholder or partner therein, or to intrust or advance any property to such body corporate or public company, or to enter into any security for the benefit thereof...

Page 60 - ... the several persons whose names and addresses are subscribed, are desirous of being formed into a company, in pursuance of this memorandum of association, and we respectively agree to take the number of shares in the capital of the company set opposite our respective names.

Page 152 - The notice may also be served by post by a registered letter addressed to the person on whom it is to be served at his last known place of residence or place of business; and, if served by post shall be deemed to...

Page 176 - ... company proxies are allowed), at any general meeting of which notice specifying the intention to propose such resolution has been duly given, and such resolution has been confirmed by a majority of such members for the time being entitled, according to the regulations of the company, to vote as may be present, in person or by proxy, at a subsequent general meeting, of which notice...

Bibliographic information

• Pealkiri: Company Precedents, for Use in Relation to Companies Subject to the Companies Acts 1862 to 1880: With Copious Notes; Making of modern law
• Autor: Francis Beaufort Palmer
• Edition: 2
• Publisher: Stevens, 1881
• Original from: Oxford University
• Digitized: 20 sept. 2006
• Length: 636 pages