SCHEDULE 1 - POWERS OF ADMINISTRATIVE RECEIVERSCHEDULE 2 - POWERS OF A SCOTTISH RECEIVER (ADDITIONAL TO THOSE CONFERRED ON HIM BY THE INSTRUMENT OF CHARGE)(1) Power to take possession of, collect and get in the property of the company and, for that purpose, to take such proceedings as may seem to him expedient.
(2) Power to sell or otherwise dispose of the property of the company by public auction or private contract or, in Scotland, to sell, feu, hire out or otherwise dispose of the property of the company by public roup or private bargain.
(3) Power to raise or borrow money and grant security therefore over the property of the company.
(4) Power to appoint a solicitor or accountant or other professionally qualified person to assist him in the performance of his functions.
(5) Power to bring or defend any action or other legal proceedings in the name and on behalf of the company.
(6) Power to refer to arbitration any question affecting the company.
(7) Power to effect and maintain insurances in respect of the business and property of the company.
(8) Power to use the company's seal.
(9) Power to do all acts and to execute in the name and on behalf of the company any deed, receipt or other document.
(10) Power to draw, accept, make and endorse any bill of exchange or promissory note in the name and on behalf of the company.
(11) Power to appoint any agent to do any business which he is unable to do himself or which can more conveniently be done by an agent and power to employ and dismiss employees.
(12) Power to do all such things (including the carrying out of works) as may be necessary for the realisation of the property of the company.
(13) Power to make any payment which is necessary or incidental to the performance of his functions.
(14) Power to carry on the business of the company.
(15) Power to establish subsidiaries of the company.
(16) Power to transfer to subsidiaries of the company the whole or any part of the business and property of the company.
(17) Power to grant or accept a surrender of a lease or tenancy of any of the property of the company, and to take a lease or tenancy of any property required or convenient for the business of the company.
(18) Power to make any arrangement or compromise on behalf of the company.
(19) Power to call up any uncalled capital of the company.
(20) Power to rank and claim in the bankruptcy, insolvency, sequestration or liquidation of any person indebted to the company and to receive dividends, and to accede to trust deeds for the creditors of any such person.
(21) Power to present of defend a petition for the winding up of the company.
(22) Power to change the situation of the company's registered office.
(23) Power to do all other things incidental to the exercise of the foregoing powers.
SCHEDULE 3 - ORDERS IN COURSE OF WINDING UP PRONOUNCED IN VACATION (SCOTLAND)(1) Power to take possession of , collect and get in the property from the company or a liquidator thereof or any other person, and for that purpose, to take such proceedings as may seem to him expedient.
(2) Power to sell, feu, hire out or otherwise dispose of the property by public roup or private bargain and with or without advertisement.
(3) Power to raise or borrow money and grant security therefor over the property.
(4) Power to appoint a solicitor or accountant or other professionally qualified to assist him in the performance of his functions.
(5) Power to bring or defend any action or other legal proceedings in the name and on behalf of the company.
(6) Power to refer to arbitration all questions affecting the company.
(7) Power to effect and maintain insurances in respect of the business and property of the company.
(8) Power to use the company's seal.
(9) Power to do all acts and to execute in the name and on behalf of the company any deed, receipt or other document.
(10) Power to draw, accept, make and endorse any bill of exchange or promissory note in the name and on behalf of the company.
(11) Power to appoint any agent to do any business which he is unable to do himself or which can more conveniently be done by an agent, and power to employ and dismiss employees.
(12) Power to do all such things (including the carrying out of works), as may be necessary for the realisation of the property.
(13) Power to make any payment which is necessary or incidental to the performance of his functions.
(14) Power to carry on the business of the company or any part of it.
(15) Power to grant or accept a surrender of a lease or tenancy of any of the property, and to take a lease or tenancy of any property required or convenient for the business of the company.
(16) Power to make any arrangement or compromise on behalf of the company.
(17) Power to call up any uncalled capital of the company.
(18) Power to establish subsidiaries of the company.
(19) Power to transfer to subsidiaries of the company the business of the company or any part of it and any of the property.
(20) Power to rank and claim in the bankruptcy, insolvency, sequestration or liquidation of any person or company indebted to the company and to receive dividends, and to accede to trust deeds for creditors of any such person.
(21) Power to present of defend a petition for the winding up of the company.
(22) Power to change the situation of the company's registered office.
(23) Power to do all other things incidental to the exercise of the powers mentioned in section 55(1) of this Act or above in this Schedule.
PART I - ORDERS WHICH ARE TO BE FINALPART II - ORDERS WHICH ARE TO TAKE EFFECT UNTIL MATTER DISPOSED OF BY INNER HOUSEOrders under section 153, as to the time for proving debts and claims.
Orders under section 195 as to meetings for ascertaining wishes of creditors or contributories.
Orders under section 198, as to the examination of witnesses in regard to the property of affairs of a company.
SCHEDULE 4 - POWERS OF LIQUIDATOR IN A WINDING UPOrders under section 126(1), 130(2) or (3), 147, 227 or 228, restraining or permitting the commencement or the continuance of legal proceedings.
Orders under section 135(5), limiting the powers of provisional liquidators.
Orders under section 108, appointing a liquidator to fill a vacancy.
Orders under section 167 or 169, sanctioning the exercise of any powers by a liquidator, other than the powers specified in paragraphs 1, 2 and 3 of Schedule 4 to this Act.
Orders under section 158, as to the arrest and detention of an absconding contributory and his property.
PART 1 - POWERS EXERCISABLE WITH SANCTIONPART II - POWERS EXERCISABLE WITHOUT SANCTION IN VOLUNTARY WINDING UP, WITH SANCTION IN WINDING UP BY THE COURT(1) Power to pay any class of creditor in full.
(2) Power to make compromise or arrangement with creditors or persons claiming to be creditors, or having or alleging themselves to have any claim (present or future, certain or contingent, ascertained or sounding only in damages) against the company, or whereby the company may be rendered liable.
(3) Power to compromise, on such terms as may be agreed -
(a) all calls and liabilities to calls, all debts and liabilities capable of resulting in debts, and all claims (present or future, certain or contingent, ascertained or sounding only in damages) subsisting or supposed to subsist between the company and a contributory or alleged contributory or other debtor or person apprehending liability to the company, and
(b) all questions in any way relating to or affecting the assets or the winding up of the company,
and take any security for the discharge of any such call, debt, liability or claim and give a complete discharge in respect of it.
PART III - POWERS EXERCISABLE WITHOUT SANCTION IN WINDING UP(4) Power to bring or defend any action or other legal proceeding in the name and on behalf of the company.
(5) Power to carry on the business of the company so far as may be necessary for its beneficial winding up.
(6) Power to sell any of the company's property by public auction or private contract with power to transfer the whole of it to any person or to sell the same in parcels.
(7) Power to do all acts and execute, in the name and on behalf of the company, all deeds, receipts and other documents and for that purpose to use, when necessary, the company's seal.
(8) Power to prove, rank and claim in the bankruptcy, insolvency or sequestration of any contributory for any balance against his estate, and to receive dividends in the bankruptcy, insolvency or sequestration in respect of that balance, as a separate debt due from the bankrupt or insolvent, and rateably with the other separate creditors.
(9) Power to draw, accept, make and indorse any bill or exchange or promissory note in the name and on behalf of the company, with the same effect with respect to the company's liability as if the bill or note had been drawn, accepted, made or indorsed by or on behalf of the company in the course of its business.
(10) Power to raise on the security of the assets of the company any money requisite.
(11) Power to take out in his official name letters of administration to any deceased contributory, and to do in his official name any other act necessary for obtaining payment of any money due from a contributory or his estate which cannot conveniently be done in the name of the company.
In all such cases the money due is deemed, for the purpose of enabling the liquidator to take out the letters of administration or recover the money, to be due to the liquidator himself.
(12) Power to appoint an agent to do any business which the liquidator in unable to do himself.
(13) Power to do all such other things as may be necessary for winding up the company's affairs and distributing its assets.