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Special Committee Companies Bill, 1962 debate -
Wednesday, 10 Apr 1963

SECTION 322.

Question proposed : " That Section 322 stand part of the Bill."

This is entirely new. It empowers the court to direct a receiver to make good any fault in filing documents, giving notices or paying money to a liquidator.

Where does this come from ?

It is on the lines of similar law in neighbouring countries. It was not specially adverted to by our Company Law Committee.

It does provide that the court " may on an application made for the purpose, make an order". Who can make the application? Who would make the application? Is it involved that the registrar would make it?

In most cases, the Registrar.

I suppose the liquidator could. I suppose we are not excluding anybody concerned?

It does not exclude anybody concerned.

Does subsection (2) deal with this ?

That is the subsection with which, I presume, Deputy Costello is dealing.

Does that let the liquidator make an application ?

" by any member or creditor ", " the registrar of companies " and " the liquidator ".

Question put and agreed to.
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