Winding-up and Restructuring Act (R.S.C., 1985, c. W-11)
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Act current to 2012-05-14 and last amended on 2010-01-01. Previous Versions
Marginal note:Duty of company
15. On the service on the company of an order made under section 14 for an inquiry into the affairs of the company, the president, directors, officers and employees of the company and every other person shall respectively
(a) exhibit to the accountant or other person named for the purpose of making the inquiry the books of account of the company and all inventories, papers and vouchers referring to the business of the company or of any person therewith that are in their possession, custody or control; and
(b) give all such information as is required by the accountant or other person named for the purpose of making the inquiry in order to form a just estimate of the affairs of the company.
- R.S., c. W-10, s. 15.
Marginal note:Power of the court
16. On receiving the report of the accountant or person ordered to inquire into the affairs of the company under section 14, and after hearing such shareholders or creditors of the company as desire to be heard thereon, the court may either refuse the application or make the winding-up order.
- R.S., c. W-10, s. 16.
Staying Proceedings
Marginal note:Actions against company may be stayed
17. A court may, on the application of a company, or of any creditor, contributory, liquidator or petitioner for the winding-up order, at any time after the presentation of a petition for the order and before making the order, restrain further proceedings in any action, suit or proceeding against the company, on such terms as the court thinks fit.
- R.S., 1985, c. W-11, s. 17;
- 1996, c. 6, s. 141.
Marginal note:Court may stay winding-up proceedings
18. A court may, on the application of any creditor, contributory, liquidator or petitioner for the winding-up order, at any time after the order is made, and on proof, to the satisfaction of the court, that all proceedings in relation to the winding-up ought to be stayed, make an order staying those proceedings, either altogether or for a limited time, on such terms and subject to such conditions as the court thinks fit.
- R.S., 1985, c. W-11, s. 18;
- 1996, c. 6, s. 141.
Effect of Winding-up Order
Marginal note:Company to cease business
19. A company, from the time of the making of a winding-up order, shall cease to carry on its business, except in so far as is, in the opinion of the liquidator, required for the beneficial winding-up thereof, but the corporate state and all the corporate powers of the company, notwithstanding that it is otherwise provided by the Act, charter or instrument of incorporation of the company, continue until the affairs of the company are wound up.
- R.S., c. W-10, s. 19.
Marginal note:Transfer of shares void
20. All transfers of shares of a company referred to in section 19, except transfers made to or with the sanction of the liquidator, under the authority of the court, and every alteration in the status of the members of the company, after the commencement of the winding-up, are void.
- R.S., c. W-10, s. 20.
