Chapter VI - Proceedings and Procedures - Petition for Winding up, Provisional Liquidator, Winding up Order, and Statement of Affairs, (From Rule 101 to Rule 110)
Chapter VI - Proceedings and Procedures - Meetings of creditors or partners in a winding up by Tribunal and of creditors in a voluntary winding up (From Rule 168 to Rule 190)
Chapter VI - Proceedings and Procedures - Proxies in relation to meetings in winding-up by Tribunal and to meetings of creditors in a voluntary winding-up (From Rule 191 to Rule 200)
Chapter VI - Proceedings and Procedures - Monies due from partners in a winding up by the Tribunal including outstanding contribution, etc. (From Rule 206 to Rule 209)
Chapter VI - Proceedings and Procedures - Examination of person suspected of having property of LLP etc. and examination of partners, designated partners, officers etc., in connection with the fruad etc. (From Rule 210 to Rule 224)
Chapter VI - Proceedings and Procedures - Application against delinquent partners, designated partners and officers of the LLP (From Rule 225 to Rule 234)
Chapter VI - Proceedings and Procedures - Payment of unclaimed distributable sums and undistributed assets into the LLPs liquidation account in a winding up (From Rule 296 to Rule 298)
Liquidator discretion and creditor directions - Tribunal may review, confirm or modify liquidator decisions on asset distribution. Rule 43 requires the liquidator to have regard to directions from creditors, partners or a Committee of Inspection when administering and distributing LLP assets, with Committee directions prevailing over conflicting creditor or partner directions. The liquidator may summon meetings of creditors or partners and must do so when directed by resolution or requested in writing by the requisite minority. Subject to the Act and these Rules, the liquidator retains discretion in asset administration and distribution, and any person aggrieved by a liquidator's act or decision may apply to the Tribunal, which may confirm, reverse or modify it.
Cases where this provision is explicitly mentioned in the judgment/order text; may not be exhaustive. To view the complete list of cases mentioning this section, Click here.
Provisions expressly mentioned in the judgment/order text.
Liquidator discretion and creditor directions - Tribunal may review, confirm or modify liquidator decisions on asset distribution.
Rule 43 requires the liquidator to have regard to directions from creditors, partners or a Committee of Inspection when administering and distributing LLP assets, with Committee directions prevailing over conflicting creditor or partner directions. The liquidator may summon meetings of creditors or partners and must do so when directed by resolution or requested in writing by the requisite minority. Subject to the Act and these Rules, the liquidator retains discretion in asset administration and distribution, and any person aggrieved by a liquidator's act or decision may apply to the Tribunal, which may confirm, reverse or modify it.
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