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Special Committee Companies Bill, 1962 díospóireacht -
Tuesday, 2 Apr 1963

SECTION 284.

I move amendment No. 85 :

To add the following subsections :

(2) Section 331 of the Irish Bankrupt and Insolvent Act, 1857, shall apply in the winding up of an insolvent company and accordingly the reference in that section to the filing of the petition shall be read as a reference to the presentation of a petition for the winding up of the company by the court or the passing of a resolution for voluntary winding up, as the case may be, and where, before the presentation of a petition for the winding up of the company by the court, a resolution has been passed by the company for voluntary winding up, shall be read as a reference to the passing of the resolution.

(3) Subsection (2) shall not apply to a judgment mortgage created before the operative date.

It arises out of a memorandum submitted by the court officers. It is a fairly technical amendment. As a brief has been circulated, I take it that I need not explain it.

Was the Bankruptcy and Insolvency Act 1857, an Irish Act?

There were a fair number of insolvents 100 years ago.

Amendment agreed to.
Section 284, as amended, agreed to.
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