Limited Liability Partnerships (Winding Up) Rules
Table of Contents
1 Citation
2 Definitions
3 Use of forms
COURT AND CHAMBERS
4 Office of Registrar
5 Matters to be heard in Court and Chambers
6 Applications in Chambers
7 Originating applications and summonses
PROCEEDINGS
8 Title of proceedings
9 Written or printed proceedings
10 Process to be sealed
11 Issue of originating application, etc.
ORDERS
12 Orders
13 File of proceedings in office of Registrar
14 Office copies
15 Use of file by Official Receiver
16 Defacement of stamps
17 Service of originating application or summons and supporting affidavit
17A Duration and renewal of originating application for purpose of service
18 Mode of service
19 Publication in Gazette
20 Memorandum of advertisements to be filed
21 Enforcement of judgments or orders
WINDING UP APPLICATIONS
22 Form of winding up application
23 Filing of winding up application
24 Advertisement of winding up application
25 Affidavit supporting application for winding up
26 Service of winding up application and supporting affidavit
27 Copy of winding up application and supporting affidavit to be furnished to creditor or partner
HEARING OF WINDING UP APPLICATIONS AND ORDERS
28 Notice of intention to appear
29 List of persons intending to appear
30 Affidavits opposing winding up application and affidavits in reply
31 Approved liquidator to be nominated
32 Attendance on Registrar
33 Substitution of any person as applicant
34 Notice of winding up order
35 Order appointing provisional liquidator
LIQUIDATOR’S REPORTS
36 Report of liquidator
37 Reports of liquidator to be filed in Court
38 Consideration of further report
SPECIAL MANAGER
39 Appointment of special manager
40 Accounting by special manager
STATEMENT OF AFFAIRS
41 Preparation of statement of affairs
42 Extension of time for submitting statement of affairs
43 Information subsequent to statement of affairs
44 Default
45 As to costs of preparing statement of affairs
APPOINTMENT OF LIQUIDATOR IN WINDING UP BY COURT
46 Appointment of liquidator on report of meetings of creditors and partners
SECURITY BY LIQUIDATOR IN WINDING UP BY COURT
47 Provisions as to security
48 Failure to give or keep up security
EXAMINATIONS
49 Application for examination under paragraph 31 of Fifth Schedule to Act
50 Application for public examination under paragraph 32 of Fifth Schedule to Act
51 Application for examination under paragraph 60 of Fifth Schedule to Act
52 Attendance of liquidator or Official Receiver under paragraph 31 of Fifth Schedule to Act
53 Application for appointment
54 Notice of appointment to creditors and partners
55 Examinations under paragraph 31 or 32 of Fifth Schedule to Act
56 Shorthand notes of examination
57 Filing of notes of deposition
58 Failure to attend or absconding warrant for arrest
DISCLAIMER
59 Disclaimer
VESTING OF DISCLAIMED PROPERTY
60 Vesting of disclaimed property
ARRANGEMENT WITH CREDITORS AND PARTNERS IN WINDING UP BY COURT
61 Report by liquidator on arrangements and compromises
62 Production of documents for settling order
COLLECTION AND APPLICATION OF ASSETS IN WINDING UP BY COURT
63 Collection and application of LLP’s assets by liquidator
64 Power of liquidator to require delivery of property
LIST OF PARTNERS IN WINDING UP BY COURT
65 Liquidator to settle list of partners
66 Partners listed may attend proceedings
67 List of partners
68 Appointment of time and place for settlement of list
69 Settlement of list of partners
70 Notice to partners
71 Application to Court to vary list
72 Variation of or addition to list of partners
PROOFS
73 Proof of debt
74 Mode of proof
75 Verification of proof
76 Contents of proof
77 Statement of security
78 Costs of proof
79 Discounts
80 Periodical payments
81 Interest
82 Proof for debt payable at future time
83 Workmen’s wages
84 Production of bills of exchange and promissory notes
85 Statement of accounts
ADMISSION AND REJECTION OF PROOFS AND APPEAL TO COURT
86 Notice to creditors to prove
87 Examination of proof
88 Appeal by creditor
89 Expunging at instance of liquidator
90 Expunging at instance of creditor
91 Oaths
92 Procedure where creditor appeals
93 Time for dealing with proofs
94 Creditor’s proof which has been admitted
95 Costs of appeal against rejection
DIVIDENDS
96 Dividends to creditors
97 Return of capital to partners
PAYMENTS INTO AND OUT OF LIMITED LIABILITY PARTNERSHIPS LIQUIDATION ACCOUNT
98 Remittances to Limited Liability Partnerships Liquidation Account
99 Mode of payments out of Limited Liability Partnerships Liquidation Account
100 Court may give directions
GENERAL MEETINGS OF CREDITORS AND PARTNERS IN RELATION TO WINDING UP BY COURT
101 First meetings of creditors and partners
102 Notice of first meetings
103 Summoning of first meetings
104 Form of notices of first meetings
105 Notice of first meetings to officers of LLP
106 Summary of statement of affairs
107 Liquidator’s meetings of creditors and partners
108 Application of rules as to meetings
109 Summoning of meetings
110 Proof of notice
111 Place of meetings
112 Costs of calling meeting
113 Chairman of meeting
114 Ordinary resolution of creditors and partners
115 Copy of resolution to be filed
116 Non-reception of notice by creditor
117 Adjournment
118 Quorum
119 Creditors entitled to vote
120 Cases in which creditors may not vote
121 Votes of secured creditors
122 Creditor required to give up security
123 Admission and rejection of proofs for purpose of voting
124 Statement of security
125 Minutes of meeting
PROXIES IN RELATION TO WINDING UP BY COURT, AND TO CREDITORS' VOLUNTARY WINDING UP
126 Proxies
127 Form of proxies
128 Forms of proxy to be sent with notices
129 General proxies to managers or clerks
130 Special proxies
131 Solicitation by liquidator to obtain proxies
132 Proxies to liquidator
133 Holder of proxy not to vote on matter in which he is financially interested
134 Proxies
135 Use of proxies by deputy
136 Filling in where creditor blind or incapable
LIQUIDATOR AND COMMITTEE OF INSPECTION
137 Remuneration of liquidator
138 Limit of remuneration
139 Dealings with assets
140 Restriction on purchase of goods by liquidator
141 Committee of inspection not to make profit
142 Cost of obtaining sanction of Court
143 Sanction of payments to committee of inspection
RELEASE OR RESIGNATION OF LIQUIDATOR
144 Notice of liquidator’s intention to apply for release
145 Meetings of creditors and partners to consider resignation of liquidator
146 Office of liquidator vacated by his insolvency
147 Proceedings on resignation, etc., of liquidator
SPECIAL BANK ACCOUNT FOR LIQUIDATOR
148 Application for special bank account
149 Payments into and out of bank
BOOKS
150 Record Book
151 Cash Book
INVESTMENT OF FUNDS
152 Investment of assets in securities and realisation of securities
ACCOUNTS AND AUDIT IN WINDING UP BY COURT
153 Audit of Cash Book
154 Liquidator’s accounts
155 Liquidator carrying on business
156 Liquidator’s trading account
157 Expenses of sales
TRANSFERS OF ACTIONS AND PROCEEDINGS
158 Judge may order transfer of pending actions to himself
159 Powers of Court
ASSESSMENT OF COSTS
160 Assessment of costs payable by liquidator
161 Notice of appointment to assess
162 Copy of bill of costs to be furnished to liquidator
163 Attendance at assessment
164 Certificate of assessment
165 Certificate as to special terms of remuneration, etc.
166 Liquidator's charges
167 Application for costs
168 Costs
169 Costs ordered by Court or Judge to be paid by LLP
ATTENDANCE OF LIQUIDATOR
170 Attendance of liquidator
STATEMENTS BY LIQUIDATOR TO REGISTRAR OF LIMITED LIABILITY PARTNERSHIPS AND OFFICIAL RECEIVER
171 Conclusion of voluntary winding up deemed to be date of dissolution of LLP
172 Time for lodging account and statement under paragraph 64 of Fifth Schedule to Act
173 Form of liquidator’s account and statement
UNCLAIMED FUNDS AND UNDISTRIBUTED ASSETS IN HANDS OF LIQUIDATOR, OTHER THAN OFFICIAL RECEIVER
174 Investments representing unclaimed funds
175 Liquidator to furnish information to Official Receiver
176 Official Receiver may call for verified accounts
177 Application for payment out by person entitled
178 Application by liquidator for payment out
OFFICIAL RECEIVER
179 Appointment
180 Removal
181 Assistants
182 Duties where no assets
183 Official Receiver to act for committee of inspection where there is no committee of inspection
184 Appeals from Official Receiver
ELECTRONIC FILING SYSTEM
185 Electronic filing system
186 Duty of person carrying out electronic filing
187 Receipt of submission
MISCELLANEOUS MATTERS
188 Enlargement or abridgment of time
189 Formal defect not to invalidate proceedings
190 Fees
Legislative History