The Insolvency Rules (Northern Ireland) 1991

CHAPTER 17 CALLS(NO CVL APPLICATION)

Calls by liquidator

4.212.  Subject to Rule 4.213, the powers conferred by the Order with respect to the making of calls on contributories are exercisable by the liquidator as an officer of the court subject to the court's control.

[E.R.4.202]

Control by liquidation committee

4.213.—(1) Where the liquidator proposes to make a call, and there is a liquidation committee, he may summon a meeting of the committee for the purpose of obtaining its sanction.

(2) At least 7 days' notice of the meeting shall be given by the liquidator to each member of the committee.

(3) The notice shall contain a statement of the proposed amount of the call, and the purpose for which it is intended to be made.

[E.R.4.203]

Application to court for leave to make a call

4.214.—(1) For the purpose of obtaining the leave of the court for the making of a call on any contributories of the company, the liquidator shall apply ex parte, supporting his application by affidavit. [FORM 4.57]

(2) There shall in the application be stated the amount of the proposed call, and the contributories on whom it is to be made.

(3) The court may direct that notice of the order be given to the contributories concerned, or to other contributories, or may direct that the notice be publicly advertised.[FORM 4.58]

[E.R.4.204]

Making and enforcement of the call

4.215.—(1) Notice of the call shall be given to each of the contributories concerned, and shall specify— [FORM 4.59]]

(a) the amount or balance due from him in respect of it, and

(b) whether the call is made with the sanction of the court or the liquidation committee.

(2) Payment of the amount due from any contributory may be enforced by order of the court.[FORM 4.60]

[E.R.4.205]