Chapter 12:21 - Insolvency

Link to law: http://legalaffairs.gov.gy/information/laws-of-guyana/491-chapter-1221-insolvency/file

L.R.O. 1/2012
LAWS OF GUYANA
INSOLVENCY ACT
CHAPTER 12:21
Act
19 of 1902
Amended by
20 of 1901 24 of 1969 O.37/1966A 5 of 1902 4 of 1972
28 of 1902 6 of 1986 6 of 1905 19 of 1990
16 of 1913 16 of 1916 36 of 1929 15 of 1969
(inclusive) by L.R.O.
Pages Authorised
Current Authorised Pages
1 – 392 ... 1/2012
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Index
of
Subsidiary Legislation
Page
Insolvency Rules 119
(R. 5/8/1901, 19/7/1933,4 / 1972)



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CHAPTER 12:21
INSOLVENCY ACT
ARRANGEMENT OF SECTIONS
SECTION
PRELIMINARY
1. Short title.
2. Interpretation.
PART I
PROCEEDINGS FROM ACT OF INSOLVENCY TO DISCHARGE
Acts of Insolvency
3. When debtor commits act of insolvency.
Receiving Order
4. Jurisdiction to make receiving order.
5. Conditions on which creditors may petition for receiving order.
6. Petition against trader-debtor in act of insolvency committed by
his attorney or manager.
7. When husband creditor.
8. Avoidance o f general assignments of book-debts unless
registered.
9. Proceedings and order on creditor’s petition.
10. Proceedings and order on debtor’s petition.
11. Effect of receiving order.
12. Discretionary powers as to appointment of receiver and stay of
proceedings against debtor.
13. Service of order staying proceedings.
14. Power to the Official Receiver to appoint special manager of
debtor’s estate or business.
15. Notice of receiving order.

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SECTION
Proceedings consequent on Order
16. (l) First and other meetings of creditors.
(2) First Schedule.
17. Debtor’s statement of affairs.
Public Examination of Debtor
18. Public examination of debtor.
Composition or Scheme of Arrangement
19. Compositions and schemes of arrangement.
20. Saving from effects of acceptance of composition of certain
debts.
Adjudication of Insolvency
21. Power to adjudge debtor insolvent.
22. Appointment of assignee.
23. Appointment and powers of committee of inspection.
24. Power to accept composition or scheme after adjudication of
insolvency.
Control over Person and Property of Debtor
25. Duties of debtor as to discovery and realisation of property.
26. Arrest of debtor in certain circumstances.
27. Re-direction of debtor’s letters.
28. Discovery of debtor’s property.
Discharge of Insolvent
29. Order of discharge.
30. Fraudulent settlement.
31. Effect of order of discharge.
32. (1) Power to the Court to annul adjudication in certain cases.
(4) Meaning of payment in full.

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SECTION
PART II
DISQUALIFICATIONS OF INSOLVENT
33. Disqualifications of insolvent.
34. Vacating office.
PART III
ADMINISTRATION OF PROPERTY
Proof of Debts
35. Debts provable in insolvency.
36. Counter-claims.
37. Rules as to proof of debts; Second Schedule.
38. Secured creditors.
39. Priority of debts.
40. Preferential claim in case of apprenticeship.
Property available for Payment of Debts
41. Relation back of assignee’s title.
42. Description of property divisible amongst creditors.
Effect of Insolvency on antecedent Transactions
43. Restriction of rights of creditor in execution.
44. Duty of marshal in respect of property taken in execution by
creditor.
45. Effect of insolvency on certain settlements.
46. Avoidance of preferences.
47. Protection of transactions in good faith without notice.
Realisation of Property
48. Possession of property by the assignee.
49. Seizure of property of insolvent. 50. Appropriation of portion of pay or salary of insolvent to
creditors.
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SECTION
51. Vesting and transfer of property.
52. Disclaimer of onerous property.
53. Powers of the assignee to deal with property.
54. Powers exercisable with permission of committee of inspection
Distribution of Property
55. Declaration and distribution of dividends.
56. Joint and separate dividends.
57. Provision for creditors residing at a distance.
58. Right of creditor who does not prove debt before declaration of
dividend.
59. Final dividend.
60. No action for dividend.
61. Procedure where property is withheld under claim of right.
62. Procedure where property is claimed by third person.
63. Employment of and allowance to insolvent for maintenance.
64. Right of insolvent to surplus.
PART IV
GENERAL DUTIES OF THE OFFICIAL RECEIVER IN
INSOLVENCY
65. Possession by Official Receiver.
66. Status of Official Receiver.
67. Duties as regards debtor’s conduct.
68. Duty as regards administration of estate.
69. Right to apply to the court for directions.
PART V OFFICERS AND ASSIGNEES IN INSOLVENCY
Officers

70. Appointment of certain officers.
Official name and Appointment
71. Official name of assignee
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SECTION
Remuneration and Costs
72. Remuneration of assignee.
73. Allowance and taxation of costs.
74. Vacation of office of assignee by insolvency.
75. Removal of assignee.
76. When vacancy in office of assignee.
Powers and Duties of Assignee
77. Insolvency estates account.
78. Mode of keeping bank account.
79. Prohibition of assignee paying into private account.
80. Duty of assignee to account to the Registrar.
Receipts, Payments, Accounts, Audit
81. Duty of assignee to furnish list of creditors.
82. Duty of assignee to keep proper books.
83. Annual statement by assignee.
Control over Assignee
84. Control and discretionary powers of assignee.
85. Appeal to the Court against assignee.
86. Control of assignee by Official Receiver.
Vacation of Office by Assignee
87. Release of assignee.
PART VI
JURISDICTION, PROCEDURE AND POWERS OF COURT

88. Jurisdiction to be exercised by judge.
89. Power of Court to decide questions.
90. Order for sale of disputed property.
91. General powers of the Court.
92. Consolidation of two or more petitions.
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SECTION
93. Substitution of petitioner.
94. Proceedings to continue when debtor dies.
95. Staying proceedings.
96. Petitions against partners.
97. Dismissal of petition as to one or more respondents.
98. When more than one petition, same assignee to be appointed.
99. Procedure in case of partner being insolvent.
100. Insolvent contractor.
101. Action by or against partners.
WARRANTS OF COURT
102. Execution of search warrant.
103. Liability of person opposing the Official Receiver, etc.
104. Committal to prison.
PART VII
SUPPLEMENTAL PROVISIONS
Application of Act
105. Summary administration in small cases.
106. Order for administration of debtor’s estate on judgment.
107. Exclusion of partnerships and companies.
108. Person dying insolvent.
General Rules
109. (1) Rules and scale made and prescribed in 1901.
(2) Making of general rules.
Fees, Expenditure and Returns
110. Fees.

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SECTION
Evidence
111. Evidence of notice.
112. Evidence of proceedings at meetings of creditors.
113. Evidence of proceedings in insolvency.
114. Swearing of affidavits.
115. Deposition of deceased witness.
116. Seal of the Court.
117. Seal of the Official Receiver.
118. Certificate of appointment of assignee.
119. Appeal from the Official Receiver.
120. Proceedings of the Official Receiver.
Miscellaneous
121. Computation of time.
122. Service of notices.
123. Formal defect not to invalidate proceedings.
124. Acting of corporation, firm or persons under disability.
Insolvency Estates Account
125. Account to be kept by Official Receiver.
Unclaimed Dividends
126. Unclaimed dividends and moneys.
The State
127. Provisions which bind the State.
Attorneys-at-law
128. Attorney’s-at-law right of audience.
129. Application of Insolvency Ordinance, 1884.
FIRST SCHEDULE—Meetings of Creditors.
SECOND SCHEDULE—Proof of Debts.
__________________________
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1929 Ed.
c. 180
1953 Ed.
c. 43 _______________________________________________________
19 of 1902 An Act to consolidate and amend the Laws relating to
Insolvency.
[25th JULY, 1902]
Short title.
Interpretation.
c. 3:02
1. This Act may be cited as the Insolvency Act.
2. In this Act—
“assignee” means the assignee in insolvency of a debtor’s
estate;
“available act of insolvency” means any act of insolvency
available for an insolvency petition at the date of the
presentation of the petition on which the receiving order
is made;
“the Court” means the High Court in its civil jurisdiction;
“debt provable in insolvency” or “provable debt” includes
any debt or liability by this Act made provable in
insolvency;
“debtor” includes anyone, whether a Commonwealth citizen
or not, who at the time when any act of insolvency was
done or suffered by him, was personally present in
Guyana, or ordinarily resided or had a place or residence
therein, or was carrying on business therein personally,
or by means of an agent, attorney, or manager, or was a
member of a firm or partnership which carried on
business therein;
“the Full Court” means the Full Court of the High Court;
CHAPTER 12:21
INSOLVENCY ACT

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“gazetted” means published in the Gazette;
“general rules” includes forms;
“goods” includes all movable property;
“insolvency” and “insolvent” include bankruptcy and
bankrupt;
“judge” means any judge of the Court and includes the Chief
Justice;
“marshal” includes any officer charged with the execution of
a writ or other process;
“ordinary resolution” means a resolution decided by a
majority in value of the creditors present, personally or
by proxy, at a meeting of creditors and voting on the
resolution;
“prescribed” means prescribed by general rules within the
meaning of this Act;
“property” includes money, goods, things in action, land, and
every description of property, whether movable or
immovable, and whether situate in Guyana or
elsewhere; also obligations, easements, and every
description of estate, interest, and profit, present or
future, vested or contingent, arising out of or incident to
property as above defined;
“the Registrar” means the Registrar of the Supreme
Court, and includes any sworn clerk and notary public,
and any assistant sworn clerk in the registry;
“the registry” means the registry of the Supreme Court and
includes any branch thereof in any county of Guyana;
“resolution” means ordinary resolution;
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When debtor
commits act of
insolvency
“secured creditor” means a person holding a mortgage,
charge, or lien on the property of the debtor, or any part
thereof, which by the law of Guyana is valid against
creditors as a security for a debt due to him from the
debtor;
“settlement” includes any ante-nuptial contract;
“special resolution” means a resolution decided by a
majority in number and three-fourths in value of the
creditors present, personally or by proxy, at a meeting of
creditors and voting on the resolution.
PART I
PROCEEDINGS FROM ACT OF INSOLVENCY TO
DISCHARGE
Acts of Insolvency
3. (1) A debtor commits an act of insolvency in each of
the following cases:
(a) in Guyana or elsewhere, he makes any
conveyance or assignment of his
property for the benefit of his
creditors generally; or
(b) in Guyana or elsewhere, he makes any
conveyance, gift, delivery, or transfer
of his property, or any part thereof,
which is fraudulent as against his
creditors or any of them; or
(c) in Guyana or elsewhere, he makes any
conveyance or transfer of his property
or any part thereof, or creates any
charge thereon, which would, under
this or any other Act for the time
being in force, be void as a fraudulent
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preference if he were adjudged
insolvent; or
(d) with intent to defeat or delay his
creditors, he does any of the following
things, namely, departs out of
Guyana, or, being out of Guyana,
remains out of Guyana, or departs
from his dwelling-house, or otherwise
absents himself, or begins to keep
house; or
(e) execution issued against him has been
levied by seizure of any of his
property under process in execution,
in an action in any court, or in any
civil proceedings in court, and he
allows that property to remain in
execution for seven days without
taking steps to have the execution set
aside and the property released:
Provided that, where the
proprietor or owner of a plantation on
which there are forty acres under
cultivation or the proprietor or owner
of any other immovable property is
proceeded against without naming
him, the seizure and sale in execution
of that plantation or immovable
property shall not be deemed an act of
insolvency by the proprietor or
owner; or
(f) anyone has obtained, or is for the time
being entitled to enforce a final
judgment against him for any
amount, and, execution thereon not
having been stayed, has served on
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him, in Guyana or, by leave of the
court, elsewhere, an insolvency notice
under this Act, requiring him to pay
the judgment debt in accordance with
the terms of the judgment, or to
secure or compound for it to the
satisfaction of the creditor or the
Court, and he does not, within seven
days after service of the notice, if the
service is effected in Guyana, and, if
the service is effected elsewhere, then
within the time limited in that behalf
by the order giving leave to effect the
service, either comply with the
requirements of the notice or satisfy
the Court that he has a counter-claim,
set-off, or cross demand, which
equals or exceeds the amount of the
judgment debt, and which he could
not set up in the action in which the
judgment was obtained; or
(g) he files in the registry a declaration of
his inability to pay his debts or
presents an insolvency petition
against himself; or
(h) he gives notice to any of his creditors
that he has suspended, or that he is
about to suspend, payment of his
debts, or, intimates, in any one period
of seven days, to three or more of his
creditors that he is unable to pay his
debts in full, or suspends payment of
his debts.
(2) An insolvency notice under this Act shall be
in the prescribed form, and shall state the consequences of
non-compliance therewith and be served in the prescribed
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Jurisdiction to
make receiving
order.

Conditions on
which creditors
may petition
for receiving
order.
[4 of 1972]

manner.
Receiving Order
4. Subject to the conditions hereinafter specified, if
a debtor commits an act of insolvency, the Court on an
insolvency petition being presented, either by a creditor or by
the debtor, may make an order, in this Act called a receiving
order, for the protection of the estate.
5. (1) A creditor shall not be entitled to present an
insolvency petition against a debtor unless—
(a) the debt owing by the debtor to the
petitioning creditor or, if two or more
creditors join in the petition, the
aggregate amount of debts owing to
the several petitioning creditors,
amounts to two hundred and fifty
dollars; and
(b) the debt is a liquidated sum,
payable either immediately or at
some certain future time; and
(c) the act of insolvency on which the
petition is grounded has occurred
within three months before the
presentation of the petition; and
(d) the debtor is domiciled in Guyana, or
within a year before the date of the
presentation of the petition has
ordinarily resided, or had a
dwelling-house or place of business
in Guyana, or has carried on business
in Guyana, personally or by means of
an agent or manager, or is, or within
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Petition against
trader- debtor
in act of
insolvency
committed by
his attorney or
manager.

When husband
creditor.

Avoidance of
general
assignments of
book-debts
unless
registered.
the said period has been, a member of
a firm or partnership of persons
which has carried on business in
Guyana by means of a partner or
partners, or an agent, attorney or
manager.
(2) If the petitioning creditor is a secured creditor,
he must, in his petition, either state that he is willing to give
up his security for the benefit of the creditors in the event of
the debtor being adjudged insolvent, or give an estimate of
the value of his security; and in the latter case, he may be
admitted as a petitioning creditor to the extent of the balance
of the debt due to him, after deducting the value so
estimated in the same manner as if he were an unsecured
creditor.
6. A creditor shall be entitled to present a petition
against any debtor, being a trader, if any act which would
have been an act of insolvency if committed by the debtor in
person is committed by any attorney or manager carrying on
business in Guyana in the name of the debtor, provided that
act comes within the ordinary scope of the business carried on
in Guyana by the manager or attorney in the name of the
debtor.
7. Where a married woman has been adjudged
insolvent, her husband shall not be entitled to claim any
dividend as a creditor in respect of any money or other estate
lent or entrusted by him to his wife for the purposes of her
trade or business until all claims of the other creditors of his
wife for valuable consideration in money or money’s worth
have been satisfied.
8. Where a person engaged in any trade or business
makes an assignment to any other person of his existing or
future book debts or any class thereof, and is subsequently
adjudicated insolvent, the assignment shall be void against
the assignee unless the assignment has been passed by way of
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Proceedings
and order on
creditor’s
petition.
mortgage or executed in the Deeds Registry by way of
transfer and assignment:
Provided that nothing in this section shall have effect so as to
render void any assignment of book debts due from specified
debtors, or of debts growing due under specified contracts.
9. (1) A creditor’s petition shall be verified by an
affidavit of the creditor or of some person on his behalf
having knowledge of the facts, and shall be served in the
prescribed manner.
(2) At the hearing, the Court shall require proof of
the debt of the petitioning creditor, of the service of the
petition, and of the act of insolvency, or, if more than one act
of insolvency is alleged in the petition, of some one of the
alleged acts of insolvency, and, if satisfied with the proof,
may make a receiving order in pursuance of the petition.
(3) If the Court is not satisfied with the proof of the
petitioning creditor’s debt, or of the service of the petition, or
of the act of insolvency, or is satisfied by the debtor that he is
able to pay his debts or that for other sufficient cause no order
ought to be made, the Court may dismiss the petition.
(4) Where the act of insolvency relied on is non-
compliance with an insolvency notice to pay, secure, or
compound for, a judgment debt, the Court may, if it thinks fit,
stay or dismiss the petition on the ground that an appeal is
pending from the judgment.
(5) Where the debtor appears on the petition, and
denies that he is indebted to the petitioner or that he is
indebted to such an amount as would justify the petitioner in
presenting a petition against him, the Court, on the security
(if any) being given which the Court requires for payment to
the petitioner of any debt established against the debtor in
due course of law and of the costs of establishing the debt,
may, instead of dismissing the petition, stay all proceedings
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Proceedings
and order on
debtor’s
petition.

Effect of
receiving order.
on the petition for the time required for trial of the question
relating to the debt.
(6) Where proceedings are stayed, the Court may,
if by reason of the delay caused by the stay of proceedings or
for any other cause it thinks just, make a receiving order on
the petition of some other creditor, and shall thereupon
dismiss, on any terms it thinks just, the petition in which
proceedings have been stayed as aforesaid.
(7) Where it appears to the Court that the petition
has been presented without reasonable and probable cause,
the Court may order the petitioner to pay to the person
against whom the petition is presented a sum by way of
damages that will compensate that person for the injury and
inconvenience occasioned by the presentment of the petition.
(8) A creditor’s petition shall not, after
presentment, be withdrawn without the leave of the Court.
10. (1) A debtor’s petition shall allege that the debtor
is unable to pay his debts, and the presentation thereof shall
be deemed an act of insolvency without the previous filing by
the debtor of any declaration of inability to pay his debts, and
the Court shall thereupon make a receiving order.
(2) A debtor’s petition shall not, after presentment,
be withdrawn without the leave of the Court.
11. On the making of a receiving order, the Official
Receiver shall be thereby constituted receiver of the property
of the debtor, and thereafter, except as directed by this Act,
no creditor to whom the debtor is indebted in respect of any
debt provable in insolvency shall have any remedy against
the property or person of the debtor in respect of the debt, or
shall commence any action or other legal proceedings, except
with the leave of the Court and on the terms the Court
imposes:

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Discretionary
powers as to
appointment of
receiver and
stay of
proceedings
against debtor.

Service of
order staying
proceedings.
Provided that this enactment shall not affect the power of
any creditor who is secured on any ship or vessel, or any
share therein, to realise or deal with his security in the same
way as he would have been entitled to realise or deal with his
security if this provision had not been enacted.
12. (1) The Court may, if it is shown to be necessary
for the protection of the estate, at any time after the
presentation of an insolvency petition and before a receiving
order is made, appoint the Official Receiver to be interim
receiver of the property of the debtor or of any part thereof,
and direct him to take immediate possession thereof or of any
part thereof.
(2) The Court may, at any time after the
presentation of an insolvency petition, stay any action,
execution, or other legal process against the property or
person of the debtor, and any court in which proceedings are
pending against a debtor, may, on proof that an insolvency
petition has been presented by or against the debtor, either
stay the proceedings or allow them to continue on any terms
it thinks just.
(3) On the presentation of an insolvency petition,
or at any time thereafter until a receiving order is made, the
petitioning creditor, or any creditor entitled to present an
insolvency petition, may apply to the Court for an order that
the Official Receiver be appointed to make an inventory of the
property of the debtor, and, if the affidavit of the petitioning
creditor under section 9 avers that that step is necessary for
the protection of the estate, the Court shall forthwith make
the order and may at any time vary or cancel it.
13. Where the Court makes an order staying any
action or other proceeding aforesaid, or staying proceedings
generally, the order may be served by sending a copy
thereof, by prepaid post letter, to the address of the plaintiff
or other party prosecuting that action or other proceeding.

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Power to the
Official
Receiver to
appoint special
manager of
debtor’s estate
or business

Notice of
receiving order.

First and other
meetings of
creditors.

First
14. (1) The Official Receiver may, at any time after a
receiving order is made, or after he is appointed interim
receiver, on the application of any creditor or creditors, if he
is satisfied that the nature of the debtor’s estate or business or
the interests of the creditors generally require the
appointment of a special manager of the estate or business
other than himself, appoint a manager thereof accordingly, to
act until such time as he deems fit, or an assignee is
appointed, and with such powers (including any of the
powers of a receiver) as may be entrusted by him to the
special manager.
(2) The special manager shall give security and
account in the manner directed by the Official Receiver.
(3) The special manager shall receive the
remuneration which the creditors by resolution at any
ordinary meeting, determine, or, in default of that resolution,
which is prescribed.
15. Notice of every receiving order, stating the name,
address, and description of the debtor, the date of the order,
and the date of the petition, shall be gazetted and published
in one newspaper in the prescribed manner.
Proceedings consequent on Order
16. (1) As soon as may be after the making of a
receiving order against a debtor, a general meeting of his
creditors (in this Act referred to as the first meeting of
creditors) shall be held for the purpose of considering
whether a proposal for a composition or scheme of
arrangement shall be entertained, or whether it is expedient
that the debtor shall be adjudged insolvent, and generally as
to the mode of dealing with a debtor’s property.
(2) With respect to the summoning of, and
proceedings at, the first and other meetings of creditors, the
rules contained in the First Schedule shall be observed. Schedule.
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Debtor’s
statement of
affairs.
17. (1) Where a receiving order is made against a
debtor, he shall make out and submit to the Official Receiver
a statement of, and in relation to, his affairs in the prescribed
form, verified by affidavit, and showing the particulars of the
debtor’s assets, debts, and liabilities, the names, and
residences, of his creditors, the securities held by them
respectively, and the dates when the securities were
respectively given, and any further or other information
prescribed, or required by the Official Receiver.
(2) The statement shall be so submitted within the
following times:
(a) if the order is made on the petition of
the debtor, within three days from the
date of the order; and
(b) if the order is made on the petition of
a creditor, within seven days from the
date of the order:
Provided that—
(i) the Official Receiver may, in
either case, for special reasons
extend the time for any
further period not exceeding
ten days; and
(ii) the Court may, for special
reasons, further extend the time
for any necessary period.
(3) If the debtor fails, without reasonable excuse, to
comply with the requirements of this section, the Court may
on the application of the Official Receiver, or of any creditor,
adjudge him insolvent.

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Public
examination of
debtor.

(4) Anyone stating himself in writing to be a
creditor of the insolvent may, either personally or by his
agent, inspect the statement at all reasonable times, and take
any copy thereof or extract therefrom on paying the
prescribed fee; and anyone untruthfully so stating himself to
be a creditor shall be guilty of a contempt of court and be
punishable accordingly on the application of the Official
Receiver or assignee.
Public Examination of Debtor
18. (1) Where the Court makes a receiving order, it
shall hold a public sitting, on a day to be appointed by
the Court, for the examination of the debtor, and the debtor
shall attend thereat, and shall be examined as to his conduct,
dealings, and property.
(2) The examination shall be held as soon as
conveniently may be after the expiration of the time for the
submission of the debtor’s statement of affairs.
(3) The Court may adjourn the examination from
time to time.
(4) Any creditor who has tendered a proof, or his
representative authorised in writing, may question the debtor
concerning his affairs and the causes of his failure.
(5) The Official Receiver shall take part in the
examination of the debtor, and for the purpose thereof, if
specially authorised by the Court, may employ an attorney-
at-law.
(6) If an assignee is appointed before the
conclusion of the examination, he may take part therein.
(7) The Court may put any questions to the debtor
it thinks expedient.

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Compositions
and schemes of
arrangement.
(8) The debtor shall be examined upon oath, and it
shall be his duty to answer all the questions the Court may
put or allow to be put to him.
(9) Notes of the examination that the Court thinks
proper shall be taken down in writing and read over by or to
and signed by the debtor, and may thereafter be used in
evidence against him; and the notes shall be open to the
inspection of any creditor at all reasonable times, on payment
of the prescribed fee.
(10) When the Court is of opinion that the affairs of
the debtor have been sufficiently investigated, it shall by
order declare that his examination is concluded, but that
order shall not be made until after the day appointed for the
first meeting of creditors.
(11) Where the debtor is a lunatic or suffers from
any mental or physical affliction or disability making him in
the opinion of the Court, unfit to attend his public
examination, the Court may make an order dispensing with
that examination or directing that the debtor be examined
on the terms, in the manner, and at the place to the Court
seeming expedient.
Composition or Scheme of Arrangement
19. (1) Where a debtor intends to make a proposal
for a composition in satisfaction of his debts, or a proposal
for a scheme of arrangement of affairs, he shall, within seven
days of submitting his statement of affairs, or within the time
thereafter fixed by the Official Receiver, lodge with the
Official Receiver a proposal in writing, signed by him,
embodying the terms of the composition or scheme which he
is desirous of submitting for the consideration of his creditors
and setting out particulars of any sureties or securities
proposed.
(2) In that case the Official Receiver shall hold a
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meeting of creditors before the public examination of the
debtor is concluded, and send to each creditor, before the
meeting, a copy of the debtor’s proposal with a report
thereon, and if at that meeting a majority in number and
three-fourths in value of all the creditors who have proved
resolve to accept the proposal, the proposal shall be deemed
to be duly accepted by the creditors and, when approved by
the Court, shall be binding on all the creditors.
(3) The debtor may at the meeting amend the
terms of his proposal, if the amendment is, in the opinion of
the Official Receiver, calculated to benefit the general body of
creditors.
(4) Any creditor who has proved his debt may
assent to or dissent from the proposal by a letter, in the
prescribed form, addressed to the Official Receiver so as to be
received by him not later than the day preceding the meeting,
and the assent or dissent shall have effect as if the creditor
had been present and had voted at the meeting.
(5) The debtor or the Official Receiver may, after
the proposal is accepted by the creditors, apply to the Court
to approve it, and notice of the time appointed for hearing the
application shall be given to each creditor who has proved.
(6) The application shall not be heard until after
the conclusion of the public examination of the debtor; and
any creditor who has proved may be heard by the Court in
opposition to the application notwithstanding that he has, at a
meeting of creditors, voted for the acceptance of the proposal.
(7) The Court shall, before approving the proposal,
hear a report of the Official Receiver as to the terms thereof,
and as to the conduct of the debtor, and any objections which
may be made by or on behalf of any creditor.
(8) If the Court is of opinion that the terms of the
proposal are not reasonable, or are not calculated to benefit
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the general body of creditors, or whenever the Court is
required where the debtor is adjudged insolvent to refuse his
discharge, the Court shall refuse to approve the proposal.
(9) If any facts are proved on proof of which the
Court would be required either to refuse, suspend, or attach
conditions to the debtor’s discharge were he adjudged
insolvent, the Court shall refuse to approve the proposal,
unless it provides reasonable security for payment of not
less than thirty-five cents in the dollar on all the unsecured
debts provable against the debtor’s estate.
(10) In any other case the Court may either
approve or refuse to approve the proposal.
(11) If the Court approves the proposal, the
approval may be testified by the seal of the Court being
attached to the instrument containing the terms of the
proposed composition or scheme, or by the terms being
embodied in an order of court.
(12) A composition or scheme accepted and
approved in pursuance of this section shall be binding on all
the creditors so far as relates to any debts due to them from
the debtor and provable in insolvency, but shall not release
the debtor from any liability under any judgment against him
in an action for seduction, or under an affiliation order, or
under a judgment against him as a co-respondent in a
matrimonial cause, except to the extent and under the
conditions expressly ordered by the Court in respect of that
liability.
(13) A certificate of the Official Receiver that a
composition or scheme has been duly accepted and approved
shall, in the absence of fraud, be conclusive as to its validity.
(14) The provisions of a composition or scheme
under this section may be enforced by the Court on
application by any person interested, and any disobedience of
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an order of the Court made on the application shall be
deemed a contempt of court.
(15) If default is made in payment of any
instalment due in pursuance of the composition or scheme, or
if it appears to the Court, on satisfactory evidence, that the
composition or scheme cannot, in consequence of legal
difficulties, or for any sufficient cause, proceed without
injustice or undue delay to the creditors or to the debtor, or
that the approval of the Court was obtained by fraud, the
Court may, if it thinks fit, on application by the Official
Receiver or the assignee, or by any creditor, adjudge the
debtor insolvent, and annul the composition or scheme, but
without prejudice to the validity of any sale, disposition,
or payment duly made, or thing duly done, under or in
pursuance of the composition or scheme, and where a
debtor is adjudged insolvent under this subsection, any debt
provable in other respects which has been contracted before
the adjudication shall be provable in the insolvency.
(16) If under or in pursuance of a composition or
scheme an assignee is appointed to administer the debtor’s
property or manage his business or to distribute the
composition, section 28 and sections 71 to 87 (inclusive) shall
apply as if the assignee were an assignee in insolvency and as
if the terms “insolvency,” “insolvent,” and “order of
adjudication,” included respectively a composition or scheme
of arrangement, a compounding or arranging debtor, and
order approving the composition or scheme.
(17) Part III, so far as the nature of the case and the
terms of the composition or scheme admit, shall apply
thereto, the same interpretation being given to the words
“assignee,” “insolvency,” “insolvent,” and “order of
adjudication,” as in the last preceding subsection.
(18) No composition or scheme shall be approved
by the Court which does not provide for the payment in
priority to other debts of all debts directed to be so paid in the
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Saving from
effects of
acceptance of
composition of
certain debts.

Power to
adjudge debtor
insolvent.
distribution of the property of an insolvent.
(19) The acceptance by a creditor of a composition
or scheme shall not release any person who under this Act
would not be released by an order of discharge if the debtor
had been adjudged insolvent.
20. Notwithstanding the acceptance and approval of
a composition or scheme, it shall not be binding on any
creditor so far as regards a debt or liability from which, under
this Act, the debtor would not be discharged by an order of
discharge in insolvency, unless the creditor assents to it.
Adjudication of Insolvency
21. (1) At the time of making a receiving order, or at
any time thereafter, the Court, on the application of the
debtor, may adjudge him insolvent; the application may be
made orally and without notice.
(2) Where a receiving order is made against a
debtor, the following provisions shall have effect:
(a) if no creditors attend at the time and
place appointed for the first meeting
of creditors or any adjournment
thereof, or if sufficient creditors do
not attend thereat to form a quorum;
or
(b) if the creditors, at the first meeting of
creditors or any adjournment thereof,
by ordinary resolution, resolve that
the debtor be adjudged insolvent, or
pass no resolution; or
(c) if a composition or scheme is not
accepted and approved in pursuance
of this Act within twenty-one days
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Appointment
of assignee.
after the conclusion of the
examination of the debtor or any
further time allowed by the Court; or
(d) if the Official Receiver satisfies the
Court that the debtor does not intend
to propose a composition or scheme,
or that the debtor has absconded, or is
wilfully keeping out of the
jurisdiction of the Court in order to
avoid examination in respect of his
affairs, or otherwise to avoid, delay,
or embarrass proceedings in
insolvency against him,
the Court, on the application either of a creditor or of the
Official Receiver, shall forthwith adjudge the debtor
insolvent, and thereupon the property of the insolvent
shall become divisible among his creditors and shall vest in
an assignee.
(3) Notice of every order adjudging a debtor
insolvent, stating the name, address, and description of the
insolvent and the date of the adjudication, shall be gazetted
and published in a newspaper in the prescribed manner.
(4) The date of the order shall, for the purposes of
this Act, be the date of the adjudication.
22. (1) Where the debtor is adjudged insolvent, or the
creditors have resolved that he be adjudged insolvent, the
creditors may by ordinary resolution appoint some fit person,
whether a creditor or not, to fill the office of assignee of the
property of the insolvent, or they may resolve to leave his
appointment to the committee of inspection hereinafter
mentioned, but it shall not be obligatory on the creditors to
appoint an assignee, and, where none is appointed, the
Official Receiver shall act as assignee.

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(2) The person so appointed shall give security
in manner prescribed to the satisfaction of the Official
Receiver, and the Official Receiver, if satisfied with the
security, shall certify that the appointment has been duly
made, unless he objects to the appointment on the ground
that it has not been made in good faith by a majority in value
of the creditors voting, or that the person appointed has been
previously removed from the office of assignee of an
insolvent’s property for misconduct or neglect of duty, or is
not fit to act as assignee, or that that person’s connection
with, or relation to, the insolvent, or the insolvent’s estate, or
any particular creditor, makes it difficult for the person to act
with impartiality in the interests of the creditors generally:
Provided that when the Official Receiver does not
approve of the security or makes any objection aforesaid he
shall, if so requested by a majority in value of the creditors,
notify the non-approval or objection to the Court, and
thereupon the Court may decide on its validity.
(3) The appointment of an assignee shall take effect
as from the date of the certificate.
(4) The Official Receiver shall not, except as by
this Act provided, be the assignee of the property of the
insolvent.
(5) If an assignee is not appointed by the creditors
within four weeks from the date of adjudication, or if
negotiations for a composition or scheme are pending at the
expiration of those four weeks, then within seven days from
the close of those negotiations by the refusal of the creditors
to accept or of the Court to approve the composition or
scheme, the Official Receiver shall continue to be the assignee
of the property of the insolvent:
Provided that the creditors or the committee of
inspection (if so authorised by resolution of the creditors)
may at any subsequent time if they think fit appoint an
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Appointment
and powers of
committee of
inspection.

assignee, and, on the appointment being made and certified,
the person appointed shall become assignee in the place of the
Official Receiver.
23. (1) The creditors qualified to vote may by
resolution appoint, if they so desire, at their first or any
subsequent meeting, from among the creditors or the
holders of general proxies or general powers of attorney
from any creditors, a committee of inspection for the purpose
of superintending the administration of the insolvent’s
property by the assignee:
Provided that a creditor or his attorney who is appointed
a member of the committee of inspection shall not be
qualified to act until that creditor has proved his debt and the
proof has been admitted.
(2) The committee of inspection shall consist of not
more than five nor less than three persons.
(3) The committee of inspection shall meet at the
times appointed by them from time to time, and, failing the
appointment, at least once a month; and the assignee, or any
member of the committee, may also call a meeting of the
committee as and when he thinks necessary.
(4) The committee may act by a majority of their
members present at a meeting but shall not act unless a
majority of the committee are present at the meeting.
(5) Any member of the committee may resign his
office by notice in writing signed by him and delivered to the
assignee.
(6) If a member of the committee becomes
insolvent, or compounds or arranges with his creditors, or is
absent from five consecutive meetings of the committee, his
office shall thereupon become vacant.

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(7) Any member of the committee may be removed
by an ordinary resolution at any meeting of creditors of which
seven days’ notice has been given, stating the object of the
meeting.
(8) On a vacancy occurring in the office of a
member of the committee, the assignee shall forthwith
summon a meeting of creditors for the purpose of filling
the vacancy, and the meeting may by resolution appoint
another creditor or other person eligible as above to fill the
vacancy.
(9) The continuing members of the committee,
provided there are not less than two of them, may act
notwithstanding any vacancy in their body; and where the
number of members of the committee is for the time being
less than five, the creditors may increase that number so that
it does not exceed five.
(10) If there is no committee of inspection, any act
or thing, or any direction or permission, by this Act
authorised or required to be done or given by the committee,
may be done or given by the Court on the application of the
assignee.
(11) If there is a committee of inspection, the
assignee may, by notice in writing, require the committee of
inspection to meet, at a time and place to be specified, and
express the opinion of the committee on any matter
mentioned in the notice which requires the direction or
permission or consent of the committee; and if the members
of the committee do not meet at the time and place appointed
and express the opinion of the committee, the assignee may
take any action in the matter appearing to him to be just, and
shall be deemed to have obtained the direction or permission
or consent of the committee of inspection to that action. The
notice shall be posted to each member of the committee not
less than four clear days before the day of meeting.

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Power to
accept
composition or
scheme after
adjudication of
insolvency.

Duties of debt-
or as to
discovery and
realisation of
property.
24. (l) Where a debtor is adjudged insolvent the
creditors, if they think fit at any time after the adjudication, by
a resolution passed by a majority in number and three-fourths
in value of all the creditors who have proved, may resolve to
entertain a proposal of the debtor for a composition in
satisfaction of the debts due to them under the
insolvency, or for a scheme of arrangement of the insolvent’s
affairs, and thereupon the same proceedings shall be taken
and the same consequences shall ensue as in the case of a
composition or scheme accepted before adjudication.
(2) If the Court approves the composition or
scheme it may make an order annulling the insolvency and
vesting the property of the insolvent in him or in another
person appointed by the Court, on the terms and subject to
the conditions (if any) declared by the Court.
(3) If default is made in payment of any instalment
due in pursuance of the composition or scheme, or if it
appears to the Court that the composition or scheme cannot
proceed without injustice or undue delay, or that the
approval of the Court was obtained by fraud, the Court, if it
thinks fit, on application by any person interested, may
adjudge the debtor insolvent and annul the composition or
scheme, but without prejudice to the validity of any sale,
disposition, or payment duly made, or thing duly done,
thereunder or in pursuance thereof; and where a debtor is
adjudged insolvent under this subsection, all debts provable
in other respects which have been contracted before the date
of the adjudication shall be provable in the insolvency.
Control over Person and Property of Debtor
25. (1) Every debtor against whom a receiving order
is made shall, unless prevented by sickness or other sufficient
cause, attend the first meeting of his creditors, and shall
submit to the examination and give the information required
by the meeting.

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Arrest of
debtor in
certain
circumstances.
[4 of 1972]
(2) He shall give an inventory of his property, a list
of his creditors and debtors, and of the debts due to and
from them respectively, submit to examination in respect of
his property or his creditors, attend other meetings of his
creditors, wait at times on the Official Receiver, special
manager, or assignee, execute powers of attorney,
conveyances, deeds, and instruments, and generally do all
acts and things in relation to his property and the distribution
of the proceeds amongst his creditors, which is or are
reasonably required by the Official Receiver, special manager,
or assignee, or prescribed by general rules, or directed by the
Court by any special order or orders made in reference to any
particular case or made on the occasion of any special
application by the Official Receiver, special manager,
assignee, or any creditor or person interested.
(3) If adjudged insolvent, he shall aid to the utmost
of his power in the realisation of his property and the
distribution of the proceeds among his creditors.
(4) A debtor who wilfully fails to perform the
duties imposed on him by this section, or to deliver up
possession of any part of his property divisible amongst his
creditors under this Act and for the time being in his
possession or under his control to the Official Receiver, or to
the assignee, or to anyone authorised by the Court to take
possession of it, in addition to any other punishment to which
he may be liable, shall be guilty of a contempt of court and be
punishable accordingly.
26. (l) The Court, by warrant addressed to the
Registrar or any marshal, constable, or prescribed officer of
the Court, may cause a debtor to be arrested and any books,
papers, money, and goods in his possession to be seized, and
him and them to be safely kept as prescribed until the time
ordered by the Court in the following circumstances:
(a) if, after an insolvency notice has been
issued under this Act, or after
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presentation of an insolvency petition
by or against him, it appears to the
Court that there is probable reason for
believing that he has absconded, or is
about to abscond, with a view of
avoiding payment of the debt in
respect of which the insolvency
notice was issued, or of avoiding
service of an insolvency petition, or of
avoiding appearance thereto, or of
avoiding examination in respect of his
affairs, or of otherwise avoiding,
delaying, or embarrassing
proceedings in insolvency against
him; or
(b) if, after presentation of an insolvency
petition by or against him, it appears
to the Court that there is probable
cause for believing that he is about to
remove his goods with a view of
preventing or delaying possession
being taken of them by the Official
Receiver or assignee, or that there is
probable ground for believing that he
has concealed or is about to conceal or
destroy any of his goods or any
books, documents, or writings
which might be of use to his
creditors in the course of his
insolvency; or
(c) if, after service of an insolvency
petition on him, or after a receiving
order is made against him, he
removes any goods in his possession
above the value of twenty-five dollars,
without the leave of the Official
Receiver or assignee; or
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Redirection of
debtor’s letters.

Discovery of
debtor’s
property.
(d) if, without good cause shown, he fails
to attend any examination ordered by
the Court:
Provided that no arrest upon an insolvency notice shall
be valid and protected unless the debtor, before or at the time
of his arrest, has been or is served with that notice.
(2) No payment or composition made or security
given after an arrest made under this section shall be exempt
from the provisions of this Act relating to fraudulent
preferences.
27. Where a receiving order is made against a debtor,
the Court, on the application of the Official Receiver or
assignee, may from time to time order that for a time (not
exceeding three months) the Court thinks fit, post letters
addressed to the debtor at any place or places mentioned in
the order for redirection shall be redirected, sent, or delivered
by the Postmaster General, or the officers acting under him, to
the Official Receiver or assignee, or otherwise as the Court
directs, and that shall be done accordingly.
28. (1) The Court, on the application of the Official
Receiver or assignee, at any time after a receiving order has
been made against a debtor, may summon before it the debtor
or his wife, or anyone known or suspected to have in his
possession any of the estate or effects belonging to the debtor
or supposed to be indebted to the debtor, or anyone whom
the Court deems capable of giving information respecting
the debtor, his dealings or property, and the Court may
require that person to produce any documents in his custody
or power relating to the debtor, his dealings or property.
(2) If anyone so summoned, after having been
tendered a reasonable sum for his travelling expenses and
attendance, refuses to come before the Court at the time
appointed, or refuses to produce any of the documents,
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Order of
discharge.
having no lawful impediment made known to the Court at
the time of its sitting and allowed by it, the Court may by
warrant cause him to be apprehended and brought up for
examination.
(3) The Court may examine upon oath, either by
word of mouth or by written interrogatories, anyone so
brought before it concerning the debtor, his dealings, or his
property.
(4) If anyone, on examination before the Court,
admits that he is indebted to the debtor, the Court, on the
application of the Official Receiver or assignee, may order
him to pay to the Official Receiver or assignee, at any time
and in any manner to the Court seeming expedient, the
amount admitted or any part thereof, either in full discharge
of the whole amount in question or not, as the Court thinks
fit, with or without costs of the examination.
(5) If anyone, on examination before the Court,
admits that he has in his possession any property belonging
to the debtor, the Court, on the application of the Official
Receiver or assignee, may order him to deliver it or any part
of it to the Official Receiver or assignee at any time, and in
any manner, and on any terms to the Court seeming just.
(6) The Court may if it thinks fit order that anyone
who, if in Guyana, would be liable to be brought before it
under this section, shall be examined in any place out of
Guyana.
Discharge of Insolvent
29. (1) An insolvent, at any time after being adjudged
insolvent, may apply to the Court for an order of discharge,
and the Court shall appoint a day for hearing the application,
but the application shall not be heard until the public
examination of the insolvent is concluded, and it shall be
heard in open court.
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c. 8:01
(2) On the hearing of the application the Court
shall take into consideration a report of the Official Receiver
as to the insolvent’s conduct and affairs (including a report as
to the insolvent’s conduct during the proceedings under his
insolvency), and may either grant or refuse an absolute order
of discharge, or suspend the operation of the order for a
specified time, or grant an order of discharge subject to any
conditions with respect to any earnings or income which
may afterwards become due to the insolvent, or with respect
to his after- acquired property:
Provided that the Court shall refuse the discharge in all
cases where the insolvent has committed any misdemeanour
under sections 213 to 216 (inclusive) of the Criminal Law
(Offences) Act, or any other misdemeanour connected with
his insolvency, or any felony connected with his insolvency,
unless for special reasons the Court otherwise determines,
and shall, on proof of any of the facts hereinafter
mentioned, either—
(a) refuse the discharge; or
(b) suspend the discharge for a period of
not less than two years; or
(c) suspend the discharge until a
dividend of not less than fifty cents in
the dollar has been paid to the
creditors; or
(d) require the insolvent, as a condition of
his discharge, to consent to judgment
being entered against him by the
Official Receiver or assignee, as the
case may be, for any balance or part of
any balance of the debts provable
under the insolvency not satisfied at
the date of the discharge, that balance
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or part of any balance of the debts to
be paid out of the future earnings
or after-acquired property of the
insolvent in any manner and subject
to any conditions directed by the
Court; but execution shall not be
issued on the judgment without leave
of the Court, which may be given on
proof that the insolvent has since his
discharge acquired property or
income available towards payment of
his debts:
Provided that if, at any time after the expiration of two
years from the date of any order made under this section, the
insolvent satisfies the Court that there is no reasonable
probability of his being in a position to comply with the terms
of the order, the Court may modify the terms of the order, or
of any substituted order, in the manner and on the conditions
it thinks fit.
(3) The facts hereinbefore referred to are that the
insolvent—
(a) has not assets of a value equal to fifty
cents in the dollar on the amount of
his unsecured liabilities, unless he
satisfies the Court that the fact that
they are not of that value has arisen
from circumstances for which he
cannot justly be held responsible;
(b) has omitted to keep the books of
account usual and proper in the
business carried on by him and
sufficiently disclosing his business
transactions and financial position for
the three years immediately
preceding his insolvency;
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(c) has continued to trade after knowing
himself to be insolvent;
(d) has contracted any debt provable in
the insolvency without having at the
time of contracting it any reasonable
or probable ground of expectation
(proof whereof shall lie on him) of
being able to pay it;
(e) has failed to account satisfactorily for
any loss of assets or for any deficiency
of assets to meet his liabilities;
(f) has brought on, or contributed to, his
insolvency by rash and hazardous
speculations, or by unjustifiable
extravagance in living, or by
gambling, or by culpable neglect of
his business affairs;
(g) has put any of his creditors to
unnecessary expense by a frivolous
or vexatious defence to any action
properly brought against him;
(h) within three months preceding the
date of the receiving order has—
(i) incurred unjustifiable expense
by bringing a frivolous or
vexatious action; or
(ii) when unable to pay his debts as
they become due, given an
undue preference to any of his
creditors; or

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(iii) incurred liabilities with a view
of making his assets equal to
fifty cents on the dollar on the
amount of his unsecured
liabilities;
(i) has on any previous occasion been
adjudged insolvent, or made a
composition or arrangement with his
creditors;
(j) has been guilty of any fraud or
fraudulent breach of trust.
(4) For the purposes of this section an insolvent’s
assets shall be deemed of a value equal to fifty cents in the
dollar on the amount of his unsecured liabilities when the
Court is satisfied that the property of the insolvent has
realised, or is likely to realise, or with due care in realisation
might have realised, an amount equal to that value, and a
report by the Official Receiver or the assignee shall be prima
facie evidence of the amount of those liabilities.
(5) For the purposes of this section the report of the
Official Receiver shall be prima facie evidence of the
statements therein contained.
(6) Notice of the appointment by the Court of the
day for hearing the application for discharge shall be
published in the prescribed manner, and sent fourteen days
at least before the day so appointed to each creditor who has
proved, and the Court may hear the Official Receiver and the
assignee (if any) and may also hear any creditor, and at the
hearing may put any questions to the debtor and receive any
evidence it thinks fit.
(7) The powers of suspending and of attaching
conditions to an insolvent’s discharge may be exercised
concurrently.

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Fraudulent
settlement.

(8) A discharged insolvent shall, notwithstanding
his discharge, give any assistance the assignee requires in the
realisation and distribution of his property which is vested in
the assignee, and if he fails to do so he shall be guilty of a
contempt of court; and the Court may also, if it thinks fit,
revoke his discharge, but without prejudice to the validity of
any sale, disposition, or payments duly made or thing duly
done subsequent to the discharge but before its revocation.
(9) Where the insolvent is discharged subject to the
condition that judgment shall be entered against him under
this section or subject to any other conditions as to his after-
acquired property or income, it shall be his duty, until the
judgment or condition is satisfied, from time to time to give
any information required by the Official Receiver or assignee
with respect to his after-acquired property or income, and not
less than once a year to file with the Official Receiver or
assignee a statement showing the particulars of any property
or income which he has acquired subsequent to his discharge.
30. In either of the following cases, that is to say—
(a) in the case of a settlement made
before and in consideration of
marriage, where the settlor is not, at
the time of making the settlement,
able to pay all his debts without the
aid of the property comprised in the
settlement; or
(b) in the case of any covenant or
contract made in consideration of
marriage for the future settlement on
or for the settlor’s wife or children of
any money or property wherein he
had not, at the date of his marriage,
any estate or interest (not being
money or property of or in right of his
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Effect of order
of discharge.
wife),
if the settlor is adjudged insolvent, or compounds or arranges
with his creditors, and it appears to the Court that the
settlement, covenant, or contract, was made in order to
defeat or delay creditors or was unjustifiable, having
regard to the state of the settlor’s affairs at the time when it
was made, the Court may refuse or suspend an order of
discharge, or grant an order subject to conditions, or refuse to
approve a composition or arrangement as the case may be, in
like manner as when the debtor has been guilty of fraud.
31. (1) An order of discharge shall not release the
insolvent from—
(a) any debt on a recognisance, or from
any debt with which the insolvent
may be chargeable at the suit of the
State, or any person, for any offence
against a written law relating to any
branch of the public revenue, or at the
suit of a public officer on a bail
bond entered into for the
appearance of any person prosecuted
for that offence; and he shall not be
discharged from those excepted debts
unless the Attorney-General certifies
in writing his consent to his being
discharged therefrom; or
(b) any debt or liability incurred by
means of any fraud or fraudulent
breach of trust to which he was a
party; or
(c) any debt or liability whereof he
has obtained forbearance by any
fraud to which he was party; or

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Power to the
Court to annul
adjudication in
certain cases.
(d) any liability under a judgment against
him in an action for seduction, or
under an affiliation order, or under
a judgment against him as a co-
respondent in a matrimonial cause,
except to that extent and under those
conditions which the Court expressly
orders in respect of that liability.
(2) An order of discharge—
(a) shall release the insolvent from all
other debts provable in insolvency;
(b) shall be conclusive evidence of the
insolvency and of the validity of the
proceedings therein; and in any
proceedings instituted against an
insolvent who has obtained an
order of discharge in respect of any
debt from which he is released by the
order, he may plead that the cause of
action occurred before his discharge
and give this Act and the special
matter in evidence;
(c) shall not release anyone who, at
the date of the receiving order, was
a partner or co-trustee with the
insolvent, or was jointly bound or had
made any joint contract with him, or
anyone who was surety or in the
nature of a surety for him.
32. (1) Where, in the opinion of the Court, a debtor
ought not to have been adjudged insolvent, or where it is
proved to the satisfaction of the Court, that the debts of the
insolvent are paid in full, the Court may, on the application of
any person interested, by order, annul the adjudication.
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Meaning of
payment in
full.
Disqualifications
of insolvent.
(2) Where an adjudication is annulled under this
section, all sales and dispositions of property and payments
duly made, and all acts theretofore done, by the Official
Receiver, assignee, or other person acting under their
authority, or by the Court, shall be valid, but the property of
the debtor who was adjudged insolvent shall vest in the
person whom the Court appoints, or, in default of that
appointment, revert to the debtor for all his estate or interest
therein, on such terms and subject to such conditions, if any,
as the Court declares by order.
(3) Notice of the order annulling an adjudication
shall forthwith be gazetted and published in a newspaper.
(4) For the purposes of this section, any debt
disputed by a debtor shall be considered as paid in full if the
debtor enters into a bond, in the sum and with the sureties
approved by the Court, to pay the amount to be recovered in
any proceeding for the recovery of or concerning the debt,
with costs, and any debt due to a creditor who cannot be
found or cannot be identified shall be considered as paid in
full if paid into court.
PART II
DISQUALIFICATIONS OF INSOLVENT
33. (l) Where a debtor is adjudged insolvent, he shall,
subject to this Act, be disqualified for being—
(a) appointed or acting as a justice of the
peace; or
(b) elected to, or holding, or exercising
the office of mayor or town councillor,
or member of a village council; or
(c) elected to, or holding, or exercising
the office of member of any sanitary
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Vacating office.

Debts provable
in insolvency.
authority.
(2) The disqualifications to which an insolvent is
subject under this section shall be removed and cease if and
when—
(a) the adjudication of insolvency against
him is annulled; or
(b) he obtains from the Court his
discharge with a certificate to the
effect that his insolvency was caused
by misfortune without any
misconduct on his part.
(3) The Court may grant or withhold that
certificate as it thinks fit, but any refusal of the certificate shall
be subject to appeal.
(4) No disqualification arising under this section
shall exceed a period of five years from the date of any
discharge which has been granted or may hereafter be
granted under this Act.
34. If a person is adjudged insolvent whilst holding
the office of mayor, town councillor, or member of a village
council, or sanitary authority, his office shall thereupon
become vacant.
PART III
ADMINISTRATION OF PROPERTY
Proof of Debts
35. (1) Demands in the nature of unliquidated
damages arising from tort, or otherwise than by reason of a
contract, promise, or breach of duty or breach of trust, shall
not be provable in insolvency.
(2) A person having notice of any act of insolvency
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available against the debtor shall not prove the order for any
debt or liability contracted by the debtor subsequently to the
date of his so having notice.
(3) Except as aforesaid, all debts and liabilities,
present or future, certain or contingent, to which the debtor is
subject at the date of the receiving order, or to which he
becomes subject before his discharge by reason of any
obligation incurred before the date of the receiving order,
shall be deemed to be debts provable in insolvency.
(4) An estimate shall be made by the assignee of
the value of any debt or liability provable as aforesaid, which,
by reason of its being subject to any contingency or
contingencies or for any other reason, does not bear a certain
value.
(5) Anyone aggrieved by any estimate made by the
assignee as aforesaid may appeal to the Court.
(6) If, in the opinion of the Court, the value of the
debt or liability is incapable of being fairly estimated, the
Court may make an order to that effect, and thereupon the
debt or liability shall, for the purposes of this Act, be deemed
to be a debt not provable in insolvency.
(7) Where the liability of the debtor depends on
questions of fact or of law which are in dispute, the assignee
may state those questions in writing to the Court, and the
Court shall thereupon proceed to determine the questions in
the prescribed manner.
(8) If, in the opinion of the Court, the value of the
debt or liability is capable of being fairly estimated, the Court
may direct the value to be assessed before the Court, and may
give all necessary directions for this purpose, and the amount
of the value when assessed shall be deemed to be a debt
provable in insolvency.

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Counterclaims.
(9) “Liability”, for the purposes of this Act,
includes—
(a) any compensation for work or labour
done;
(b) any obligation or possibility of an
obligation to pay money or money’s
worth (other than an obligation
arising from tort where the amount of
damages is still unliquidated) on the
breach of any express or implied
covenant, contract, agreement, or
undertaking, whether the breach does
or does not occur, or is or is not likely
to occur or capable of occurring,
before the discharge of the debtor;
(c) generally, any express or implied
engagement, agreement, or
undertaking to pay, or any obligation
to pay, or capable of resulting in the
payment of, money or money’s worth,
whether the payment is, as respects
amount, fixed or unliquidated; as
respects time, present or future,
certain or dependent on any one
contingency or on two or more
contingencies; and, as to mode of
valuation, capable of being
ascertained by fixed rules, or as
matter of opinion.
36. Where there have been mutual credits, mutual
debts, or other mutual dealings between a debtor against
whom a receiving order is made under this Act, and any
other person proving or claiming to prove a debt under the
receiving order, an account shall be taken of what is due from
the one party to the other in respect of those mutual dealings,
and the sum due from the one party shall be set off against
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Rules as to
proof of debts.
Second
Schedule.

Secured
creditors.
any sum due from the other party, and the balance of the
account, and no more, shall be claimed or paid on either side
respectively; but a person shall not be entitled under this
section to claim the benefit of any set-off against the property
of a debtor in any case where he had, at the time of giving
credit to the debtor, notice of an act of insolvency committed
by the debtor and available against him.
37. With respect to the mode of proving debts the
right of proof by secured and other creditors, the admission
and rejection of proofs, and the other matters referred to in
the Second Schedule, the rules in that Schedule shall be
observed.
38. (1) Any existing law or Act to the contrary
notwithstanding, any secured creditor may, with the
consent of the assignee, and the approval of the Official
Receiver if he is not assignee, but without any order of the
Court being obtained, realise any movable property upon
which his security exists, if the property is unaffected by any
other security, by selling it at public auction or by tender,
after a notice of the intended sale or calling for tenders has
been inserted in the Gazette and one newspaper for three
successive Saturdays.
(2) The assignee, with the approval of the Official
Receiver if he is not assignee, if more creditors than one hold
securities affecting the same property, or if he deems it
inexpedient to consent under the preceding subsection, or the
Official Receiver withholds his approval, shall, without any
order of the Court being necessary, realise that property by
selling it at public auction or by tender, after notice of the
intended sale or calling for tenders has been inserted in the
Gazette and one newspaper for three successive Saturdays,
and shall distribute the proceeds of sale in accordance with
the next ensuing section after making the payments thereout
in that section specified.
(3) The assignee, with the approval of the Official
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Priority of
debts.
[15 of 1969
24 of 1969
4 of 1972
19 of 1990]
Receiver if he is not assignee, may, with leave of the Court,
convey or assign the property to any secured creditor having
a claim thereon, and may set off wholly or in part, as the case
may be, the claim of that creditor against the purchase money
thereof.
(4) A secured creditor who is dissatisfied with any
intended action of the assignee, or with any action of the
Official Receiver, in dealing with the property in respect of
which security is given, may apply to the Court to issue
directions to the assignee in respect of the rights of the
secured creditor and the manner of dealing with the property.
39. (1) In the distribution of the assets of an insolvent
at any time being distributed, the assignee, after paying
thereout the expenses properly incurred in realising them or
in carrying on the plantation or business from which they are
obtained, all fees and commissions relating thereto, and any
costs, charges and expenses payment whereof is prescribed or
allowed by the Court, shall pay thereout in the order
hereinafter specified the following debts or those of them or
that part of any of them not previously paid:
(a) all taxes, imposts, dues, debts and
sums of money, other than fines or
penalties due to the State or public
corporation established by written
law for the purpose of administering
a public utility undertaking at the
date of the receiving order (other than
sums payable by instalments and
secured under any Act by preferent
lien on the assets then being
distributed or on the plantation or
business from the sale or carrying on
of which they have been obtained),
that have become due and payable
within twelve months next before the
date of the receiving order;

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(b) all sums due and payable to the State
at the date of the receiving order
(including sums due in respect
of immigration) forming part of a sum
payable by instalments, and secured
under any Act by a preferent lien on
the assets then being distributed, or
the plantation or business from the
sale or carrying on of which they
have been obtained, whether that
lien affects the assets, plantation, or
business, alone or also affects other
property of the insolvent;
(c) all rates, for which the assets,
plantation or business may be liable
and leviable, due at the date of the
receiving order, and which have
become due and payable within the
rating year in which the receiving
order has been made;
(d) if the assets were obtained from the
sale or carrying on of any plantation
or business, salaries of the servants of
the plantation, including the engineer
if employed at a salary, or of the
clerks employed in the business for
the three months preceding the
receiving order;
(e) legal mortgages and special
conventional mortgages, affecting the
assets then being distributed, or the
plantation or business from the sale or
carrying on of which they have been
obtained (whether those mortgages
affect the assets, plantation, or
business, alone or also affect other
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property of the insolvent), the
mortgages ranking between
themselves in accordance with the
priority given to each by the existing
law, and in default of any different
rule of law as to priority according to
the order of their dates of origin and
including, in the case of special
conventional mortgages, all costs
properly incurred in proceedings
taken for foreclosing them;
(f) all wages or salary of any manager
employed on any mining claim,
woodcutting, or balata bleeding
business, and all wages of any
labourer or workmen employed
thereon in respect of services
rendered to the insolvent during four
months before the date of the
receiving order, and all wages of
salesmen in retail provision shops,
and menial and other servants, in
respect of services rendered the
insolvent for the two months before
that date;
(g) general conventional mortgages
according to the order of their dates;
(h) contributions payable pursuant to
the National Insurance and Social
Security Act;
(i) all other debts not hereinbefore
mentioned, including, wherever part
only of any debt or claim is entitled,
under the provisions hereinbefore
contained, to priority of payment out
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of the assets then being distributed
or any other undistributed assets, the
remainder of that debt or claim, and
all those debts shall be paid pari passu.
(2) Where any mortgage affects not only the assets
at any time being distributed or the plantation or business
from the sale or carrying on of which they have been
obtained, but also other property of the insolvent, and those
assets and the other property affected thereby are together
more than sufficient to pay the mortgage in full, and the
mortgage has priority over or ranks equally with any
mortgage affecting only the assets, plantation, or business, the
holder of the last mentioned mortgage shall be entitled to
stand in the place of the holder of the first mentioned
mortgage in respect of the other property to the extent to
which the payment of the first mentioned mortgage debt has
exhausted the assets.
(3) If the property of the insolvent is insufficient to
pay in full the debts mentioned in the foregoing paragraph
(f), those debts shall rank equally between themselves and
abate in equal proportions between themselves
(4) In this section the term “legal mortgages”
means the lien of –
(a) the husband or wife of an insolvent
who has executed an antenuptial
contract, on all the insolvent’s
property in respect of the property
secured by that contract in cases
where the provisions relating to those
contracts hereinafter contained have
been complied with;
(b) any person who has been under the
guardianship or curatorship of an
insolvent, and of the heir of that
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person, on all the insolvent’s property
in respect of mal-administration or
neglect of the estate of that person;
(c) the children of an insolvent by a
deceased wife to whom he was
married in community of goods, on
all his property in respect of so much
of the property held in community
during the marriage as devolved on
them on their deceased parent’s
death;
(d) a landlord, on any growing crop or
movables which are at the date of the
receiving order on property rented
from him by the insolvent in respect
of arrears of rent due from the
insolvent for the six months next
before the date of the receiving order;
(e) a legatee as a security for his legacy,
on property to which the insolvent
has succeeded as heir under a will.
(5) No contract for the sale of any interest in
immovable property, or for any charge or incumbrance on
any immovable property, and no conventional mortgage
shall be of any force or give any right of preference which has
not been completed by transport or mortgage duly passed
before the Court or a judge; except that the creditor may claim
under his contract as a concurrent creditor against the
debtor’s estate.
(6) No married person shall, in the case of his or
her spouse’s insolvency, be entitled to claim as a creditor of
his or her spouse’s estate by reason of an ante-nuptial
agreement entered into between the spouses, unless—

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(a) the contract, if made after the
commencement of this Act, has been
made in writing and duly deposited
in the Deeds Registry, or recorded
therein, within three months after
the execution thereof, or, if made
before the commencement of this Act,
has been reduced to writing (if not so
made) and duly deposited in the
Deeds Registry, or recorded therein,
not later than three months after
that commencement;
(b) the money or other property affected
by the contract, and belonging to the
claimant at the date of the execution
thereof, has been clearly specified in
the contract, or an inventory annexed
thereto, at that date, or, in case of any
contract made before the
commencement of this Act, and not
having that specification therein or
any inventory annexed thereto, in an
inventory deposited or recorded not
later than three months after that
commencement; and
(c) a statutory declaration by two or
more independent witnesses,
testifying to the facts that—
(i) the property specified in the
contract, or inventory to the
contract, is, or was, at the date
of the contract, the property of
the spouse to whose marriage
the contract relates;
(ii) the property was at that date
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actually transferred; and
(iii) the value of the property is
correctly specified in the
contract or inventory, has been
duly deposited in the Deeds
Registry, or recorded therein,
together with the inventory, or,
in cases where a contract
having that specification
therein has, or a contract and
inventory have, been recorded
before the commencement of
this Act, not later than three
months after that
commencement.
(7) No married person, in the case of his or her
spouses’s insolvency, shall be entitled by reason of an
antenuptial agreement entered into between the spouses to
any preferent claim on his or her estate for any money or
other property acquired by him or her during the marriage,
unless an inventory thereof and a statutory declaration by
two or more independent witnesses, verifying the fact
that that property still exists and how it has been acquired by
him or her, are deposited or recorded in the Deeds Registry
within two months after the acquisition thereof, and before
any loan thereof to the husband or wife, but his or her claim
in respect thereof shall rank concurrently with the claims of
all other unsecured creditors on his or her estate.
(8) If there is any surplus after payment of the
foregoing debts, it shall be applied in payment of interest
from the date of the receiving order at the rate of six per cent
per annum on all debts proved in the insolvency.
(9) (a) In the case of partners, the joint estate
shall be applicable, in the first
instance, in payment of their joint
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c. 89:02

Preferential
claim in case of
apprentice-
ship.
debts, and the separate estate of each
partner shall be applicable, in the first
instance, in payment of his separate
debts.
(b) If there is a surplus of the separate
estates, it shall be dealt with as part of
the joint estate.
(c) If there is a surplus of the joint estate,
it shall be dealt with as part of the
respective separate estates in
proportion to the right and interest of
each partner in the joint estate.
(10) Nothing in this section shall alter the effect of
section 5 of the Partnership Act, or prejudice the provisions of
any Act for the time being in force relating to friendly
societies.
40. (1) Where, at the time of the presentation of the
insolvency petition, anyone is apprenticed or is an articled
clerk to the insolvent, the adjudication of insolvency shall, if
either the insolvent or the apprentice or clerk gives notice in
writing to the assignee to that effect, be a complete discharge
of the apprenticeship agreement or articles of agreement; and
if any money has been paid by or on behalf of the apprentice
or clerk to the insolvent as a fee, the assignee may, on the
application of the apprentice or clerk, or of some person on
his behalf, pay the sum which the assignee, subject to an
appeal to the Court, thinks reasonable, out of the insolvent’s
property, to or for the use of the apprentice or clerk, regard
being had to the amount paid by him or on his behalf and to
the time during which he served with the insolvent under the
apprenticeship agreement or articles before the
commencement of the insolvency, and to the other
circumstances of the case.

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Relation back
of assignee’s
title.

Description of
property
divisible
amongst
creditors.
(2) Where it appears expedient to the assignee, he
may on the application of any apprentice or articled clerk, or
anyone acting on behalf of the apprentice or articled clerk,
instead of acting under the preceding provisions of this
section, transfer the apprenticeship agreement or articles of
agreement to some other person.
Property available for Payment of Debts
41. The insolvency of a debtor, whether it takes place
on the debtor’s own petition or on that of a creditor or
creditors, shall be deemed to have relation back to, and to
commence at, the time of the act of insolvency being
committed on which a receiving order is made against him,
or, if he is proved to have committed more acts of insolvency
than one, to have relation back to, and to commence at, the
time of the first of the acts of insolvency proved to have
been committed by him within three months next preceding
the date of the presentation of the insolvency petition; but no
insolvency petition, receiving order, or adjudication shall be
rendered invalid by reason of any act of insolvency anterior to
the debt of the petitioning creditor.
42. The property of the insolvent divisible amongst
his creditors, and in this Act referred to as the property of the
insolvent, shall not comprise—
(a) property held by the insolvent on trust for
any other person;
(b) the tools, if any, of his trade and the
necessary wearing apparel and bedding of
himself, his wife and children, to a value,
inclusive of tools and apparel and
bedding, not exceeding ninety-six dollars in
the whole;
but it shall comprise—

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(i) all property belonging to or
vested in the insolvent at the
commencement of the
insolvency, or acquired by or
devolving on him before his
discharge;
(ii) the capacity to exercise and to
take proceedings for exercising
all such powers in, or over, or
in respect of property as might
have been exercised by the
insolvent for his own benefit at
the commencement of his
insolvency or before his
discharge; and
(iii) all goods being, at the
commencement of the
insolvency, in the possession,
order, or disposition of the
insolvent in his trade or
business by the consent and
permission of the true owner,
in such circumstances that he is
the reputed owner of them:
Provided that—
(a) things in action, other than debts due or
growing due to the insolvent in the course of
his trade or business, shall not be deemed
goods within the meaning of this section;
and
(b) nothing in this section shall affect the rights
of infants or persons under disability.

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Restriction of
rights of
creditor in
execution.

Duty of
marshal in
respect of
property taken
in execution
by creditor.
[36 of 1929]
Effect of Insolvency on Antecedent Transactions
43. (1) Where a creditor has issued execution against
the property of a debtor, or has attached any debt due to him,
he shall not be entitled to retain the benefit of the execution or
attachment against the Official Receiver or the assignee unless
he has completed the execution or attachment before the date
of the receiving order, and before notice of the presentation of
any insolvency petition by or against the debtor, or of the
commission of any available act of insolvency by the debtor.
(2) For the purposes of this Act, an execution
against property is completed by seizure and sale, and an
attachment of a debt is completed by receipt of the debt.
(3) An execution levied by a seizure and sale of the
property of a debtor is not invalid by reason only of its being
an act of insolvency, and a person who purchases the
property in good faith under a sale by the marshal or bailiff
shall in all cases acquire a good title to the property against
the assignee.
44. (1) Where any property of a debtor is taken in
execution, and, before the sale thereof or the completion of
the execution by the receipt or recovery of the full amount of
the levy, notice is served on the marshal that a receiving order
has been made against the debtor, the marshal or bailiff shall
abstain from a sale thereof and, on request, deliver the
property levied on (so far as it is capable of delivery), and any
money seized or received in part satisfaction of the execution
to the Official Receiver or assignee, but the cost of the
execution, shall be a first charge on the property or money so
levied on or delivered, and the Official Receiver or assignee
may sell the property, or an adequate part thereof, for the
purpose of satisfying the charge.
(2) Where, under an execution in respect of a
judgment of the Court for a sum exceeding one hundred
dollars, the property of a debtor is sold, or money is paid in
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Effect of
insolvency on
certain
settlements.
[19 of 1990]
order to avoid sale, the marshal shall deduct and pay the costs
of the execution from the proceeds of sale or the money paid,
and retain the balance for fourteen days, and, if within that
time notice is served on him of an insolvency petition having
been presented against or by the debtor, and a receiving
order is made thereon or on any other petition of which the
marshal has notice, the marshal shall pay the balance to the
Official Receiver or (as the case may be) to the assignee, who
shall be entitled to retain it as against the execution creditor.
45. (1) Any settlement of property, not being a
settlement made—
(a) before and in consideration of
marriage, or
(b) in favour of a purchaser or
incumbrancer in good faith and for
valuable consideration, or
(c) on or for the husband or wife or
children of the settlor of property
which has accrued to the settlor after
marriage in right of the wife or
husband,
shall, if the settlor becomes insolvent within two years after
the date of the settlement, be void against the assignee, and
shall, if the settlor becomes insolvent at any subsequent time
within ten years after the date of the settlement, be void
against the assignee, unless the parties claiming under the
settlement can prove that the settlor was, at the time of
making the settlement, able to pay all his or her debts without
the aid of the property comprised in the settlement, and that
the interest of the settlor in that property passed under the
settlement on the execution thereof.
(2) Any covenant or contract made in consideration of
marriage for the future settlement on or for the settlor’s
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husband or wife or children of any money or property
wherein the settlor had not at the date of the marriage any
estate or interest, whether vested or contingent, in
possession or remainder, and not being money or
property of or in right of the settlor’s husband or wife, shall,
on the settlor becoming insolvent before the property or
money has been actually transferred or paid pursuant to the
contract or covenant, be void against the assignee:
Provided that if the money or property has been
actually transferred or paid in contemplation of insolvency,
the husband, the wife or the children shall not be entitled to
retain it against the assignee, unless they or the parties
claiming under them can prove that the settlor was, at the
time of making the covenant or contract, able to pay his or her
debts in full, but they shall nevertheless be entitled to claim
in respect of the covenant or contract concurrently with
the other creditors, unless it appears to the Court that the
covenant or contract was made in order to defeat and delay
creditors or was unjustifiable, having regard to the state of the
settlor’s affairs at the time when the covenant or contract was
entered into, and that the settlor’s husband or wife had notice,
from the circumstances or otherwise, that that was the case.
(3) Every settlement of any property made in
contemplation of insolvency or with intent to delay, hinder,
defeat, or defraud creditors, shall be void against any
assignee and against every person who, or any of whose
remedies for the recovery of his debt, are or may be in any
wise disturbed, hindered, delayed, defeated or defrauded,
any pretence, colour or feigned consideration to the contrary
notwithstanding:
Provided that this subsection shall not affect the validity
of any settlement made in good faith and for valuable
consideration in favour of any person not having at the date
thereof any manner of notice or knowledge of its having been
made in contemplation of insolvency or with any such intent
as aforesaid.
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Avoidance of
preferences.

Protection of
transaction in
good faith
without notice.
(4) Where a settlement, covenant, or contract is
void under this section against the assignee, the assignee shall
have and exercise all necessary rights and powers for
acquiring title to and possession of the money or property
affected or purporting to be affected by the settlement,
covenant, or contract.
(5) “Settlement”, for the purposes of this section,
includes any conveyance or transfer of property or money.
46. (1) Every conveyance or transfer of property, or
charge thereon made, every payment made, every obligation
incurred, and every judicial proceeding taken or suffered, by
anyone unable to pay his debts as they become due from his
own money in favour of any creditor, or any person in trust
for any creditor, with a view of giving that creditor a
preference over the other creditors, shall, if he who makes,
takes, pays, or suffers, the act is adjudged insolvent on an
insolvency petition presented within three months after the
date of that act, be deemed fraudulent and void as against the
assignee.
(2) The fact that the debtor was pressed by his
creditors shall not prevent the transaction being void, but in
that case the Court, if it considers the insolvent’s conduct was
excusable, may direct that the transaction shall not affect his
discharge.
(3) This section shall not affect the rights of anyone
making title in good faith and for valuable consideration
through or under a creditor of the insolvent.
47. Subject to the preceding provisions of this Act
with respect to the effect of insolvency on an execution or
attachment, and with respect to the avoidance of certain
settlements and preferences, nothing in this Act shall
invalidate, in case of an insolvency—

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Possession of
property by the
assignee.
(a) any payment by the insolvent to any of his
creditors; or
(b) any payment or delivery to the insolvent; or
(c) any conveyance or assignment by the
insolvent for valuable consideration; or
(d) any contract, dealing, or transaction by or
with the insolvent for valuable
consideration:
Provided that both the following conditions are complied
with, namely—
(i) the payment, delivery, conveyance,
assignment, contract, dealing, or
transaction, as the case may be, takes place
before the date of the receiving order; and
(ii) the person (other than the debtor) to, by, or
with whom the payment, delivery,
conveyance, assignment, contract, dealing,
or transaction was made, executed, or
entered into has not, at the time of the
payment, delivery, conveyance,
assignment, contract, dealing, or
transaction, notice of any available act of
insolvency committed by the insolvent
before that time.
Realisation of Property
48. (1) The assignee shall, as soon as may be, take
possession of the deeds, books, and documents of the
insolvent, all other parts of his property capable of manual
delivery, and the other property of the insolvent.

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(2) The assignee, in relation to and for the purpose
of acquiring or retaining possession of the property of the
insolvent, shall be in the same position as if he were a receiver
of the property appointed by the Court, and the Court may on
his application enforce the acquisition or retention
accordingly.
(3) (a) The Official Receiver, on taking
possession of any property, shall, by
himself or by any person authorised
by him in writing, make a full and
articulate inventory of the property.
(b) The inventory shall be made in the
presence of one witness, and shall be
signed by the person making it and by
the witness.
(c) The debtor or person giving up or
delivering the property shall be
bound to sign the inventory, or state
in writing thereon the particulars in
which it is incorrect, in default
whereof the Official Receiver shall
apply to the Court for an order to
compel him to do so.
(d) The inventory shall be deposited as of
record in the Registrar’s office.
(4) Where any part of the property of the insolvent
consists of stock, scrip, shares in ships, shares, or any other
property transferable in the books of any company, office, or
person, the assignee may exercise the right to transfer the
property to the same extent as the insolvent might have
exercised it if he had not become insolvent.
(5) Where any part of the property of the insolvent
consists of things in action, those things shall be deemed to
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Seizure of
property of
insolvent.


Appropriation
of portion of
pay or salary of
insolvent to
creditors.
have been duly assigned to the assignee.
(6) Any treasurer or other officer, or any banker,
attorney, or agent of an insolvent, shall pay and deliver to the
assignee, all money and securities in his possession or
power, as that officer, banker, attorney, or agent, which he
is not by law entitled to retain as against the insolvent or the
assignee; and if he does not, he shall be guilty of a contempt
of court and may be punished accordingly on the application
of the assignee.
49. Anyone acting under warrant of the Court may
seize any part of the property of an insolvent in the custody
or possession of the insolvent, or of any other person, and
with a view to that seizure, may break open any house,
building, or room of the insolvent where he is supposed to be,
or any building or receptacle of the insolvent where any of his
property is supposed to be; and where the court is satisfied
that there is reason to believe that property of the insolvent is
concealed in a house or place not belonging to him, the Court
may if it thinks fit grant a search warrant to the Registrar or
any marshal or any constable, who may execute it according
to its tenor.
50. (1) Where an insolvent is an officer or clerk, or
otherwise employed or engaged in the public service, the
assignee shall receive for distribution amongst the creditors
so much of the insolvent’s pay or salary as the Court, on the
application of the assignee, with the consent of the Minister
responsible for the public service directs, but before making
any order under this subsection, the Court shall communicate
with the said Minister as to the amount, time, and manner of
the payment to the assignee, and shall obtain the written
statement of the said Minister that he consents to the terms of
that payment.
(2) Where an insolvent is in the receipt of a salary
or income other than as aforesaid, or is entitled to any pay or
pension, or to any compensation, gratuity, or allowance,
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Vesting and
transfer of
property.

Disclaimer of
onerous
property.
granted by the State, the Court, on the application of the
assignee, shall from time to time make any order it thinks just
for the payment of that salary, income, pay, pension,
compensation, gratuity or allowance, or of any part thereof,
to the assignee to be applied by him in the manner directed
by the Court.
(3) Nothing in this section shall take away or
abridge any power vested in any person or authority to
dismiss an insolvent, or to declare the pension allowance of
any insolvent to be forfeited.
51. (1) Until an assignee is appointed, the Official
Receiver shall be the assignee for the purpose of this Act, and
immediately on a debtor being adjudged insolvent the
property of the insolvent shall vest in the assignee.
(2) On the appointment of an assignee, the
property shall forthwith pass to and vest in the assignee
appointed.
(3) The property of the insolvent shall pass from
assignee to assignee, including under that term the Official
Receiver when he fills the office of assignee, and shall vest in
the assignee for the time being during his continuance in
office, without any conveyance, assignment, or transfer
whatever.
52. (1) Where any part of the property of the insolvent
consists of lands of any tenure burdened with onerous
covenants, of shares or stock in companies, of unprofitable
contracts, or of any other unsaleable property or property
not readily saleable, by reason of its binding the possessor
thereof to the performance of any onerous act or to the
payment of any sum of money, the assignee, notwithstanding
that he has endeavoured to sell or has taken possession of the
property, or exercised any act of ownership in relation
thereto, but subject to this section, may, by writing signed by
him, at any time within six months after the date of the
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receiving order, or at any time with leave of the Court,
disclaim the property:
Provided that where the property has not come to the
knowledge of the assignee within one month after that date,
he may disclaim the property at any time within six months
after he first became aware thereof.
(2) The disclaimer shall operate to determine, as
from its date, the rights, interests, and liabilities of the
insolvent and his property in or in respect of the property
disclaimed, and shall also discharge the assignee from all
personal liability in respect of the property disclaimed as
from the date when the property vested in him, but shall not,
except so far as is necessary for the purpose of releasing the
insolvent and his property and the assignee from liability,
affect the rights or liabilities of any other person.
(3) The assignee shall not be entitled to disclaim a
lease without the leave of the Court, except in any case
prescribed by general rules, and the Court, before or on
granting the leave, may require any notices to be given to
persons interested, and impose any terms as a condition of
granting leave, and make any orders, with respect to
fixtures, tenant’s improvements, and other matters arising out
of the tenancy, which the Court thinks just.
(4) The assignee shall not be entitled to disclaim
any property in pursuance of this section in any case where
an application in writing has been made to him by anyone
interested in the property requiring him to decide whether he
will disclaim or not, and he has, for a period of twenty-eight
days after the receipt of the application, or any extended
period allowed by the Court, declined or neglected to give
notice whether he disclaims the property or not; and, in case
of a contract, if he, after the application aforesaid, does not
within the said period or extended period disclaim the
contract, he shall be deemed to have adopted it.

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(5) The Court, on the application of anyone who is,
as against the assignee, entitled to the benefit or subject to the
burden of a contract made with the insolvent, may make an
order rescinding the contract, on terms as to payment by or
to either party of damages for the non- performance of the
contract, or otherwise, to the Court seeming equitable, and
any damages payable under the order to that person may be
proved by him as a debt under the insolvency.
(6) The Court, on application by anyone either
claiming an interest in disclaimed property, or under any
liability not discharged by this Act in respect of disclaimed
property, and on hearing the persons whom it thinks fit, may
make an order for the vesting of the property in, or delivery
thereof to, anyone entitled thereto, or to whom it seems just
that it should be delivered by way of compensation for the
liability aforesaid, or any person on his behalf and for his
benefit and on the terms the Court thinks just; and, on the
vesting order being made, the movable property comprised
therein shall vest accordingly in the person therein named
in that behalf without any conveyance or assignment for
the purpose, and the Registrar is hereby directed to pass the
necessary conveyances of any immovable property:
Provided that where the property disclaimed is of a
leasehold nature, the Court shall not make a vesting order in
favour of anyone claiming under the insolvent as underlessee
except upon the terms of making that person—
(a) subject to the same liabilities and obligations
as those whereto the insolvent was subject
under the lease in respect of the property at
the date when the insolvency petition was
filed; or
(b) (if the Court thinks fit) subject only to the
same liabilities and obligations as if the lease
had been assigned to him at that date;

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Powers of the
assignee to deal
with property
and in either event (if the case so requires) as if the lease had
comprised only the property comprised in the vesting order;
and any underlessee declining to accept a vesting order upon
those terms shall be excluded from all interest in the property;
and, if there is no one claiming under the insolvent willing to
accept an order upon those terms, the Court may vest the
insolvent’s estate and interest in the property in anyone liable,
either personally or in a representative character, and either
alone or jointly with the insolvent, to perform the lessee’s
covenants in the lease, freed and discharged from all estates,
encumbrances, and interests created therein by the insolvent.
(7) Anyone injured by the operation of a disclaimer
under this section shall be deemed to be a creditor of the
insolvent to the extent of the injury, and may accordingly
prove the injury as a debt under the insolvency.
53. Subject to this Act and to any general rules, the
assignee may do all or any of the following things:
(a) sell all or any part of the property of the
insolvent (including the goodwill of the
business (if any) and the book-debts due or
growing due to the insolvent), by public sale
or by tender, with power to transfer the
whole thereof to any person or company, or
to sell them in parcels;
(b) give receipts for any money received by him,
which receipts shall effectually discharge the
person paying the money from all
responsibility in respect of the application
thereof;
(c) prove, rank, claim, and draw a dividend in
respect of any debt due to the insolvent; and
(d) exercise any powers the capacity to exercise
which is vested in the assignee under this
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Powers
exercisable with
permission of
committee of
inspection.
Act, and execute any powers of attorney,
deeds, and other instruments for the
purpose of carrying into effect the
provisions of this Act.
54. (1) The assignee, with the permission of the
committee of inspection, may do all or any of the following
things:
(a) carry on the business of the insolvent,
so far as may be necessary for
beneficially winding it up;
(b) bring, institute, or defend any action
or other legal proceeding relating to
the property of the insolvent;
(c) employ an attorney-at-law or other
agent to take any proceedings or do
any business sanctioned by the
committee of inspection;
(d) accept, as the consideration for the
sale of any property of the insolvent, a
sum of money payable at a future
time, subject to any stipulations as to
security and otherwise the committee
thinks fit;
(e) mortgage or pledge any part of the
property of the insolvent for the
purpose of raising money for the
payment of his debts;
(f) refer any dispute to arbitration,
compromise all debts, claims, and
liabilities, whether present or future,
certain or contingent, liquidated or
unliquidated, subsisting or
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supposed to subsist between the
insolvent and anyone who has
incurred any liability to the insolvent,
on the receipt of the sums, payable at
the times, and generally on the terms,
which are agreed;
(g) make any compromise or other
arrangement thought expedient—
(i) with creditors, or persons
claiming to be creditors, in
respect of any debts provable
under the insolvency; or
(ii) with respect to any claim
arising out of or incidental to
the property of the insolvent
made or capable of being made
on the assignee by anyone, or
by the assignee on anyone; and
(h) divide in its existing form amongst
the creditors according to its
estimated value, any property which,
from its peculiar nature or other
special circumstances, cannot be
readily or advantageously sold.
(2) The permission given for the purposes of this
section shall not be a general permission to do all or any of
the above-mentioned things, but shall only be a permission to
do the particular thing or things for which permission is
sought in the specified case or cases:
Provided that—
(a) the assignee shall not carry on any business
of the insolvent except with the permission
of the committee of inspection expressly
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Declaration
and distribution
of dividends.
given, or, in the absence of the
committee, with the consent of the Court,
and shall not carry on any plantation in
cultivation except with the permission of the
committee of inspection expressly given if
one is appointed, and of the Court; and
(b) every plantation in cultivation shall, while it
remains under the administration of the
assignee, be conducted in the prescribed
manner and subject to the directions of the
Court.
Distribution of Property
55. (1) Subject to the retention of any sums necessary
for the costs of administration or otherwise, the assignee shall,
with all convenient speed, declare and distribute dividends
amongst the creditors who have proved their debts.
(2) The first dividend (if any) shall be declared and
distributed within four months after the conclusion of the
first meeting of creditors, unless the assignee satisfies the
committee of inspection or the Court that there is sufficient
reason for postponing the declaration to a later date.
(3) Subsequent dividends shall, in the absence of
sufficient reason to the contrary, be declared and distributed
at intervals of not more than six months.
(4) No dividend, except a final dividend, shall be
declared of less amount than one cent in the dollar; and
where the amount finally to be divided will give less than
one-quarter of one cent in the dollar, no dividend shall be
declared and the administration shall be closed.
(5) Before declaring a dividend the assignee shall
publish, in the prescribed manner, a notice of his intention to
do so, and shall also send a reasonable notice thereof to
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Joint and
separate
dividends.
Provision for
creditors
residing at a
distance.
each creditor mentioned in the insolvent’s statement who
has not proved his debt.
(6) When the assignee has declared a dividend, he
shall publish a notice stating the amount of the dividend and
when and how it is payable, and shall prepare for the
inspection of creditors a statement in the prescribed form as
to the particulars of the estate.
56. (1) Where one partner of a firm is adjudged
insolvent, a creditor to whom the insolvent is indebted jointly
with the other partners of the firm, or any of them, shall not
receive any dividend out of the separate property of the
insolvent until all the separate creditors have received the full
amount of their respective debts.
(2) Where joint and separate properties are being
administered, dividends of the joint and separate properties,
subject to any order to the contrary made by the Court on the
application of anyone interested, shall be declared together;
and the expenses of and incidental to those dividends shall be
fairly apportioned by the assignee between the joint and
separate properties, regard being had to the work done for
and the benefit received by each property.
57. (1) In the calculation and distribution of a
dividend, the assignee shall make provision for debts
provable in insolvency appearing from the insolvent’s
statements, or otherwise, to be due to persons resident in
places so distant from Guyana that, in the ordinary course of
communication, they have not had sufficient time to tender
their proofs or to establish the proofs if disputed, and also for
debts provable in insolvency the subject of claims not yet
determined.
(2) He shall also make provision for disputed proofs
or claims and for the expenses necessary for the
administration of the estate or otherwise.

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Right of
creditor who
does not prove
debt before
declaration of
dividend.
Final dividend.

No action for
dividend.

(3) Subject to the foregoing provisions, he shall
distribute as dividend all money in hand.
58. Any creditor who has not proved his debt before
the declaration of any dividend or dividends shall be entitled
to be paid, out of any money for the time being in the hands
of the assignee, any dividend or dividends he has failed to
receive before that money is applied to the payment of any
future dividend or dividends, but he shall not be entitled to
disturb the distribution of any dividend declared before his
debt was proved by reason that he has not participated
therein.
59. (1) When the assignee has realised all the
property of the insolvent, or so much thereof as, in the joint
opinion of himself and the committee of inspection, can
be realised without needlessly protracting the assignee
ship, he shall declare a final dividend, but, before doing so, he
shall give notice in the prescribed manner to those whose
claims to be creditors have been notified to him but not
established to his satisfaction, that, if they do not establish
their claims to the satisfaction of the Court within a time
limited by the notice, he will proceed to make a final dividend
without regard to their claims.
(2) After the expiration of the time so limited, or, if
the Court on application by any aforesaid claimant grants him
further time for establishing his claim, then on the expiration
of that further time, the property of the insolvent shall be
divided among the creditors who have proved their debts
without regard to the claims of any other person.
60. No action for a dividend shall lie against the
assignee, but if he refuses to pay any dividend the Court if it
thinks fit may order him to pay it, and also to pay out of his
own money interest thereon for the time that it is withheld,
and the costs of the application.

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Procedure
where property
is withheld
under claim of
right.

Procedure
where property
is claimed by
third person.
Employment of
and allowance
to insolvent for
maintenance.

61. (1) Where the assignee claims property belonging
to the insolvent and possession thereof is refused or
withheld by anyone under a bona fideclaim of right which
raises any question of law or of fact, the assignee may apply
in the prescribed manner to the Court, and the Court may
either order that the property be immediately delivered to
the assignee or, when the question cannot be properly
decided in a summary way, that a suit be instituted in the
ordinary manner.
(2) When property is so withheld as a foresaid ,
and the circumstances appear to the Court to require
immediate steps to be taken to preserve the property, the
Court may make an interim order authorising the assignee to
take possession thereof until further order.
62. When anyone lays claim to property in the
custody or possession of the assignee he may apply to the
Court in the prescribed manner to issue directions to the
assignee.
63. (1) The assignee with the permission of the
committee of inspection, may appoint the insolvent
himself to superintend the management of his property or
of any part thereof, or to carry on his trade (if any) for the
benefit of his creditors, and in any other respect to aid in
administering the property in the manner and on the terms
directed by the assignee.
(2) The assignee, with the permission of the
committee of inspection, may from time to time make any
allowance the assignee thinks just to the insolvent out of his
property for his support, and that of his family, or in
consideration of his services if the assignee is engaged in
winding up his estate, and shall report the amount of the
allowance to the Court, but the allowance may be reduced by
the Court on the application of any creditor.

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Right of
insolvent to
surplus.

Possession by
Official
Receiver.

Status of
Official
Receiver.


Duties as
regards
debtor’s
conduct.

64. The insolvent shall be entitled to any surplus
remaining after payment in full of his creditors with interest,
as by this Act provided, and of the costs, charges, and
expenses of the proceedings under the insolvency petition.
PART IV
GENERAL DUTIES OF THE OFFICIAL RECEIVER IN
INSOLVENCY
65. Where a receiving order is made, or he is
appointed interim receiver, the Official Receiver shall
immediately take possession of the debtor’s property.
66. (1) The duties of the Official Receiver shall have
relation both to the conduct of the debtor and the
administration of his estate.
(2) The Official Receiver may, for the purpose of
affidavit verifying proofs, petitions, or other proceedings
under this Act, administer oaths; and he may also take
declarations verifying proofs.
(3) All sections of this Act referring to an assignee,
unless the context otherwise requires or the Act otherwise
provides, shall include the Official Receiver when acting as
assignee.
(4) An assignee shall supply the Official Receiver
with the information and give him the access to, and facilities
for, inspecting the insolvent’s books and documents and,
generally, give him the aid requisite for enabling him to
perform his duties under this Act.
67. As regards the debtor, it shall be the duty of the
Official Receiver—
(a) to investigate the conduct of the debtor and
to report to the Court, stating whether there
is reason to believe that the debtor has
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Duty as regards
administration
of estate.
committed any act which constitutes a
misdemeanour under any Act for the time
being in force providing for the punishment
of fraudulent debtors, or under this Act, or
which would justify the Court in
refusing, suspending, or qualifying an order
for his discharge;
(b) to make any other reports concerning the
conduct of the debtor directed by the Court.
68. (1) As regards the estate of a debtor it shall be the
duty of the Official Receiver—
(a) pending the appointment of an
assignee, to act as interim receiver of
the debtor’s estate, and, where a
special manager is not appointed, as
manager thereof;
(b) to authorise a special manager to raise
money or make advances for the
purposes of the estate in any case
where, in the interests of the creditors,
it appears necessary to do so;
(c) to summon and preside at the first
meeting of creditors;
(d) to issue forms of proxy for use at the
meetings of creditors;
(e) to report to the creditors as to any
proposal made by the debtor with
respect to the mode of liquidating his
affairs;
(f) to advertise the receiving order, the
date of the first meeting of creditors
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Right to apply
to the Court for
directions.

Appointment
of certain
officers.
and of the debtor’s public
examination, and any other matters
necessary to be advertised;
(g) to act as assignee during any vacancy
in the office of assignee:
Provided that where the debtor cannot himself prepare a
proper statement of affairs, the Official Receiver may,
subject to any prescribed conditions and at the expense of
the estate, employ some person or persons to assist the
debtor in the preparation of that statement.
(2) For the purpose of his duties as interim receiver
or manager the Official Receiver shall have all powers
necessary to protect the estate as if it vested in him, but shall
as far as practicable consult the wishes of the creditors with
respect to the management of the debtor’s property, and may
for that purpose, if he thinks it advisable, summon meetings
of the persons claiming to be creditors, and shall not, except
as provided by the proviso to the preceding subsection,
unless the Court otherwise orders, incur any expense beyond
that requisite for the protection of the debtor’s property or
the disposing of perishable goods.
69. The Official Receiver may apply to the Court in
the prescribed manner for directions in relation to any matter
arising in insolvency.
PART V
OFFICERS AND ASSIGNEES IN INSOLVENCY
Officers
70. (1) The Registrar, with the consent of the
Chancellor, may appoint any officer in the registry to perform
his duties under this Act or any general rules.
(2) The officer entitled the Official Receiver under the
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Official name
of assignee.

Remuneration
of assignee.
Official Receiver Act, shall be the Official Receiver under this
Act.
Official name under Appointment
71. (1) The official name of an assignee in insolvency
shall be “the assignee of the property of...an insolvent”,
(inserting the name of the insolvent), and by that name may
hold property of every description, make contracts, sue and
be sued, enter into any engagements binding on himself and
his successors in office, and do all other acts necessary or
expedient to be done in the execution of his office.
(2) The creditors, if they think fit, may appoint
more persons than one to the office of assignee, and when
more persons than one are appointed they shall declare
whether any act required or authorised to be done by the
assignee is to be done by all or any one or more of those
persons; but all those persons are in this Act included under
the term “assignee”, and shall be joint holders of the property
of the debtor.
(3) The creditors may also appoint persons to act as
assignees in succession in the event of one or more of those
first named declining to accept the office of assignee, or
failing to give security, or their appointment being
disapproved by the Official Receiver.
Remuneration and Costs
72. (1) Where the creditors appoint anyone to be
assignee of a debtor’s estate, his remuneration (if any) shall be
fixed by an ordinary resolution of the creditors, or if the
creditors so resolve by the committee of inspection, and
shall be in the nature of a commission or percentage, of which
one part shall be payable on the amount realised by him after
deducting any sums paid to secured creditors out of the
proceeds of their securities, and the other part on the
amount distributed in dividend.
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Allowance and
taxation of
costs.
(2) If one-fourth in number or value of the
creditors dissent from the resolution, or the debtor satisfies
the Court that the remuneration is unnecessarily large, the
Court shall fix the amount of the remuneration.
(3) The vote of the assignee, or of his partner, clerk,
attorney-at-law, or attorney’s-at law clerk, either as creditor
or as proxy for a creditor, shall not be reckoned in the
majority required for passing any resolution affecting the
remuneration or conduct of the assignee.
(4) The resolution shall express what expenses the
remuneration is to cover, and no liability shall attach to the
debtor’s estate or to the creditors in respect of any expenses
which the remuneration is expressed to cover.
(5) Where an assignee so appointed acts
without any remuneration he shall be allowed out of the
insolvent’s estate any proper expenses incurred by him in or
about the proceedings of the insolvency, which the creditors,
with the sanction of the Official Receiver, approve.
(6) An assignee shall not, in any circumstances
whatever, make any arrangement for or accept from the
debtor, or any attorney-at-law, auctioneer, or any other
person employed about an insolvency, any gift,
remuneration, or pecuniary or other consideration or benefit
whatever, beyond the remuneration fixed by the creditors and
payable out of the estate, nor shall he make any arrangement
for giving up, or give up, any part of his remuneration, either
as receiver, manager, or assignee, to the debtor or insolvent,
or to any attorney-at-law or other person employed about an
insolvency.
73. (1) Where an assignee or manager receives
remuneration for his services in that character, no payment
shall be allowed in his accounts in respect of the performance
by any other person of the ordinary duties required by this
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Act or general rules to be performed by himself.
(2) Where the assignee is an attorney-at-law, he
may contract that the remuneration for his services as
assignee shall include all professional services.
(3) (a) All bills and charges of attorneys-at-
law, managers, accountants,
auctioneers, brokers, and other
persons, not being assignees, shall
be taxed by the Registrar or
prescribed officer and no payments in
respect thereof shall be allowed in the
assignee’s account without proof of
the taxation having been made.
(b) The Registrar or prescribed officer
shall satisfy himself before passing
the bills and charges, that the
employment of the, attorneys-at-law,
and other persons, in respect of the
particular matters out of which the
charges arise, has been duly
sanctioned.
(c) The sanction required under this
section for the employment of
attorneys-at-law, or other persons,
must be obtained before the
employment, except in cases of
urgency, when it must be shown that
no undue delay took place in
obtaining the sanction.
(4) Everyone aforesaid shall, on request by the
assignee (which the assignee shall make a sufficient time
before declaring a dividend), deliver his bill of costs or
charges to the proper officer for taxation, and if he fails to do
so within seven days after receipt of the request, or any
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Vacation of
office of
assignee by
insolvency.
Removal of
assignee.

further time the Court, on application, may grant, the
assignee shall declare and distribute the dividend without
regard to any claim by him, and thereupon his claim shall be
forfeited, as well against the assignee personally as against
the estate.
74. If a receiving order is made against an assignee he
shall thereby vacate his office of assignee.
75. (1) The creditors may by ordinary resolution, at a
meeting specially called for that purpose of which seven days’
notice has been given, remove an assignee appointed by
them; and at the same or any subsequent meeting may
appoint another person to fill the vacancy as hereinafter
provided in case of a vacancy in the office of assignee.
(2) If the Official Receiver is of opinion—
(a) that an assignee appointed by the
creditors is guilty of misconduct or
fails to perform his duties under this
Act; or
(b) that he is, by reason of lunacy, or
continued sickness or absence,
incapable of performing his duties; or
(c) that his connection with or relation to
the insolvent or his estate, or any
particular creditor, might make it
difficult for him to act with
impartiality in the interest of the
creditors generally, or where that
assignee in any other matter has been
removed from office on the ground of
misconduct, the Official Receiver may
remove him from his office; but if the
creditors by ordinary resolution
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When vacancy
in office of
assignee.


Insolvency
estates account.
disapprove of his removal, he or they
may appeal against it to the Court.
76. (1) If a vacancy occurs in the office of an assignee,
the creditors in a general meeting may appoint a person to fill
the vacancy, and thereupon the same proceedings shall be
taken as in the case of a first appointment.
(2) The Official Receiver shall, on the
requisition of any creditor, summon a meeting for the
purpose of filling the vacancy.
(3) If the creditors do not, within three weeks
after the occurrence of a vacancy, appoint a person to fill the
vacancy, the Official Receiver shall become assignee; but in
that case the creditors or committee of inspection shall have
the same power of appointing an assignee as in the case of a
first appointment.
(4) During any vacancy in the office of assignee,
the Official Receiver shall act as assignee.
Powers and Duties of Assignee
77. (1) An account called “the Insolvency Estates
Account” shall be kept by the Official Receiver with the
Accountant General, and all moneys received by the
Official Receiver as assignee or from assignees shall be
paid to that account.
(2) Every assignee shall, in the prescribed manner
and at the prescribed times, pay the money received by him
to the insolvency estates account at the Official Receiver’s
office, and the Official Receiver shall furnish him with a
certificate of receipt of the money so paid, which shall be an
effectual discharge to him in respect thereof.
(3) No commission shall be payable to the Official
Receiver on moneys received by an assignee and paid into a
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Mode of
keeping bank
account.
bank as hereinafter provided, but the Official Receiver shall at
the prescribed times, and in any event not less than once in
every six months, examine the banking account of the
assignee and call the assignee to account for any misfeasance
or neglect in connection therewith , and for each examination
the prescribed fee shall be paid.
78. (1) Where a committee of inspection is appointed,
if it appears to the committee that, for the purpose of
carrying on the debtor’s business or of obtaining advances, or
because of the probable amount of the cash balance, or if the
committee satisfies the Official Receiver that for any other
reason it is for the advantage of the creditors that the assignee
should have an account with a bank, the Official Receiver
may, on the application of the committee, authorise the
assignee to make his payments into and out of a bank selected
by the committee.
(2) The account shall be opened and kept by the
assignee in the name of the debtor’s estate; and any interest
receivable in respect of the account shall be part of the assets
of the estate.
(3) The assignee shall make his payments into and
out of the bank in the prescribed manner.
(4) Subject to any general rules relating to small
insolvencies under Part VII, where the debtor, at the date of
the receiving order, has an account at a bank, that account
shall not be withdrawn until the expiration of seven days
from the day appointed for the first meeting of creditors,
unless the Official Receiver, for the safety of the account or
other sufficient cause, withdraws it.
(5) If an assignee at any time retains for more than
ten days a sum exceeding two hundred and forty dollars or
any other amount which the Court in any particular case
authorises him to retain, then, unless he explains the retention
to the satisfaction of the Court, he shall pay interest on the
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Prohibition of
assignee
paying into
private
account.
Duty of
assignee to
account to the
Registrar.
amount so retained in excess at the rate of twenty per cent per
annum, and shall have no claim for remuneration, and may be
removed from his office by the Court, and shall be liable to
pay any expenses occasioned by reason of his default.
(6) All payments out of money standing to the
credit of the insolvency estates account shall be made by the
Official Receiver in the prescribed manner.
79. No assignee in insolvency or under any
composition or scheme of arrangement shall pay any sums
received by him as assignee into his private banking account.
80. (1) Every assignee shall, at the prescribed times,
but not less than once in each period of six months during his
tenure of office, send to the Registrar an account of his
receipts and payments as assignee.
(2) The accounts shall be in the prescribed form,
shall be made in duplicate, and shall be verified by a
declaration in the prescribed form.
(3) (a) On receipt of the account with the
books, documents, and vouchers, the
Registrar shall forthwith cause due
notice thereof to be published for four
successive Wednesdays, calling upon
all persons interested to examine the
same and to state their objections, if
any, in writing, within one month
from the date when the notice
was first published.
(b) The account and the books,
documents, and vouchers shall be
open during office hours to the
inspection of all persons interested in
the estate for that period, without the
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payment of any fee.
(c) Anyone interested in objecting to the
account shall state his objection in
writing, and may file it in the registry
without the payment of any fee; and
after the expiration of the period
aforesaid the Registrar shall place
before the accountant to the Court the
account books, documents, and
vouchers, in the order in which they
have been deposited with him, and
the objections thereto, if any; and, if
any document or voucher is found
deficient or wanting, the accountant
shall give notice thereof in writing
to the assignee, who shall be bound,
within fourteen days after the receipt
of that notice, to furnish the document
or voucher required, or show
sufficient cause to the contrary, on
pain, in default thereof, of having the
items which are unvouched or
unsupported struck out of his
account.
(d) The accountant shall thereupon
examine the account, together with
the inventory and statement of affairs
filed by the insolvent, and shall
ascertain if the assets of the estate
which ought to have been collected
have been so collected, and shall
either certify the account as correct, or
shall report to the Court thereupon,
specifying any objections he has
thereto; and, thereafter, upon a day to
be fixed for that purpose, of which
notice shall be given in the Gazette, the
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Duty of
assignee to
furnish list of
creditors.

account shall be submitted for
approval to a judge, in the presence of
the assignee and of the accountant,
and of any parties concerned desiring
to attend.
(e) The judge, upon examining the
account and after hearing parties and
taking evidence, if he thinks fit to do
so, shall have full power and
authority to approve and pass the
account, or to order it to be altered
and amended in any manner he
deems just, or to reserve any question
that arises for the consideration of the
Full Court.
(4) When the account has been passed, one copy
thereof shall be kept and filed by the Court and shall be open
to the inspection of any creditor, or of the debtor, or of any
person interested, on payment of the prescribed fee.
Receipts, Payments, Accounts, Audit
81. (1) The assignee shall, whenever required by any
creditor to do so, and on payment by the creditor of the
prescribed fee, furnish and transmit to him by post a list of
the creditors, showing therein the amount of the debt due to
each creditor.
(2) Any creditor, with the concurrence of one-
sixth of the creditors (including himself) may at any time call
upon the assignee or Official Receiver to furnish and transmit
to the creditors a statement of the accounts up to the date of
the notice, and the assignee or Official Receiver shall, upon
receipt of the notice, furnish and transmit that statement:
Provided that the person at whose instance the accounts
are furnished shall deposit with the assignee or Official
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Duty of
assignee to
keep proper
books.

Annual
statement by
assignee.

Control and
discretionary
powers of
Receiver, as the case may be, a sum sufficient to pay the costs
of furnishing and transmitting the accounts, that sum to be
repaid to him out of the estate if the creditors or the Court so
direct.
82. The assignee shall keep, in the prescribed
manner, proper books, in which he shall from time to time
cause to be made entries or minutes of proceedings at
meetings, and of any other prescribed matters, and any
creditor of the insolvent, subject to the control of the Court,
may personally or by his agent inspect any of those books.
83. (1) Every assignee shall from time to time, when
thereto required by the Official Receiver, and not less than
once in every year during the time he continues to act,
transmit to the Official Receiver a statement showing the
proceedings in the insolvency up to the date of the statement,
containing the prescribed particulars and made out in the
prescribed form.
(2) The Official Receiver shall cause the
statement so transmitted to be examined, and shall call the
assignee to account for any misfeasance, neglect, or omission
appearing on the statement, or in his accounts or otherwise,
and may require the assignee to make good any loss
sustained by the estate of the insolvent by reason of that
misfeasance, neglect, or omission.
(3) Where the Official Receiver is himself the
assignee, he shall submit a similar statement to the Court, and
the Court shall, in the prescribed manner, cause the functions
of the Official Receiver under the preceding subsection to be
performed by any of its officers.
Control over Assignee
84. (1) Subject to this Act, the assignee shall, in the
administration of the property of the insolvent, and in the
distribution thereof among his creditors, have regard to any
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assignee.

Appeal to the
Court against
assignee.

directions given by resolution of the creditors at any general
meeting, or by the committee of inspection (if any); and any
directions so given by the creditors at any general meeting
shall, in case of conflict, be deemed to override any directions
given by the committee of inspection.
(2) The assignee may from time to time summon
general meetings of the creditors for the purpose of
ascertaining their wishes, and it shall be his duty to summon
meetings at any times when the creditors, by resolution,
either at the meeting appointing the assignee or otherwise,
direct, or whenever requested in writing to do so by one-
fourth in value of the creditors.
(3) The assignee shall also summon a meeting of
creditors within fourteen days after being requested to do so
by any creditor with the concurrence of one-sixth in value of
the creditors, including the one making the request:
Provided that the person at whose instance the
meeting is summoned shall deposit with the assignee a sum
sufficient to pay the costs of summoning the meeting, that
sum to be repaid to him out of the estate if the creditors or the
Court so direct.
(4) The assignee may apply to the Court, in the
prescribed manner, for directions in relation to any particular
matter arising under the insolvency.
(5) Subject to this Act, the assignee shall use his
own discretion in the management of the estate and its
distribution among the creditors.
85. The insolvent or any of the creditors, or any other
person, aggrieved by any act or decision of the assignee, may
apply to the Court, and the Court may confirm, reverse, or
modify the act or decision of which complaint is made and
make any order in the premises it thinks fit.

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Control of
assignee by
Official
Receiver.

Release of
assignee.
86. (1) The Official Receiver shall take cognizance of
the conduct of assignees, and, in the event of any assignee not
faithfully performing his duties and duly observing all the
requirements imposed on him by Act, rules, or otherwise
with respect to the performance of his duties, or in the event
of any complaint being made to the Official Receiver by any
creditor in regard thereto, the Official Receiver shall inquire
into the matter and take any action thereon he deems
expedient.
(2) The Official Receiver may at any time require
any assignee to answer any inquiry made in relation to any
insolvency in which the assignee is engaged, and may, if he
thinks fit, apply to the Court to examine upon oath the
assignee or any other person concerning the insolvency.
(3) The Official Receiver may appoint any person
to make an investigation of the books and vouchers of the
assignee.
Vacation of Office by Assignee
87. (1) When the assignee has realised all the
property of the insolvent, or so much thereof as can, in his
opinion, be realised without needlessly protracting the
assigneeship, and has distributed a final dividend, (if any), or
has ceased to act by reason of a composition having been
approved, or has resigned, or has been removed from his
office, the Court, on his application, shall cause a report by
the accountant to the Court on his accounts to be prepared,
and the Court shall take into consideration the report and any
objection urged by any creditor or person interested against
the release of the assignee, and shall grant or withhold the
release accordingly.
(2) Where the release of an assignee is withheld,
the Court may, on the application of any creditor or person
interested, make any order it thinks just, charging the
assignee with the consequences of any act or default that he
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Jurisdiction to
be exercised by
judge.

Power of Court
to decide
has done or made contrary to his duty.
(3) An order of the Court releasing the assignee
shall discharge him from all liability in respect of any act
done or default made by him in the administration of the
affairs of the insolvent, or otherwise in relation to his conduct
as assignee, but the order may be revoked on proof that it was
obtained by fraud or by suppression or concealment of any
material fact.
(4) The foregoing provisions of this section shall
apply to the Official Receiver when he is, or is acting as,
assignee, and when the Official Receiver has been released
under those provisions he shall continue to act as assignee
for any subsequent purposes of the administration of the
debtor’s estate, but no liability shall attach to him personally
by reason of his so continuing in respect of any act done,
default made, or liability incurred before his release.
(5) Where the assignee has not previously resigned
or been removed, his release shall operate as a removal of him
from his office, and thereupon the property of the insolvent
shall vest in the Official Receiver.
(6) Where on the release of an assignee the Official
Receiver is, or is acting as, assignee, no liability shall attach to
him personally in respect of any act done or default made or
liability incurred by any prior assignee.
PART VI
JURISDICTION, PROCEDURE AND POWERS OF
COURTS
88. Subject to this Act and to general rules, the
jurisdiction of the Court may be exercised by any judge of
the Court and may be exercised in chambers.
89. (1) The Court shall have full power to decide all
questions of priorities, and all other questions whatever,
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questions.

Order for sale
of disputed
property.

General powers
of the Court.
whether of law or of fact, arising in any case of insolvency
and coming within the cognizance of the Court, or which the
Court deems it expedient or necessary to decide for the
purpose of doing complete justice or making a complete
distribution of property in the insolvency.
(2) Where default is made by an assignee, debtor,
or other person in obeying any order or direction given by the
Official Receiver or any other officer appointed under any
power conferred by this Act, the Court may, on the
application of the Official Receiver or other duly authorised
person, order the defaulting assignee, debtor, or person to
comply with the order or direction so given; and the Court
may also, if it thinks fit, on the application, make an
immediate order for the committal of the defaulting assignee,
debtor, or other person:
Provided that the power given by this subsection shall be
deemed to be in addition to, and not in substitution for, any
other right or remedy in respect of the default.
90. Where the right to any movable property of a
perishable description, or any animal, in the possession or
custody of the Official Receiver or assignee is in dispute, the
Court may after reasonable notice to the party claiming it
order the immediate sale of the property or animal, and the
net proceeds of the sale shall represent the subject of the
dispute to all intents and purposes, or may make any other
order it thinks fit.
91. (1) Subject to this Act and to general rules, the
costs of and incidental to any proceeding in court under this
Act shall be in the discretion of the Court.
(2) The Court may at any time adjourn any
proceedings before it, upon any terms it thinks fit to impose.
(3) The Court may at any time amend any written
process or proceeding under this Act, upon any terms it
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Consolidation
of two or more
petitions.

Substitution of
petitioner.

Proceedings to
continue when
thinks fit to impose.
(4) Where, by this Act or by general rules, the time
for doing any act or thing is limited, the Court may extend the
time either before or after the expiration thereof, upon any
terms it thinks fit to impose.
(5) Subject to any general rules, the Court may in
any matter take the whole of any part of the evidence either
viva voce, or by interrogatories, or upon affidavit, or by
commission abroad.
(6) For the purpose of approving a composition or
scheme by joint debtors, the Court may if it thinks fit, and on
the report of the Official Receiver that it is expedient to do so,
dispense with the public examination of one of the joint
debtors unavoidably prevented from attending the
examination by illness or absence abroad.
(7) Subject to general rules, the Full Court and the
Court may dispose of all matters in insolvency during
vacation or non-session of the Court.
(8) The Court may at any time review, rescind, or
vary, any order made by it under its insolvency jurisdiction.
92. Where two or more insolvency petitions are
presented against the same debtor or against joint debtors, the
Court may consolidate the proceedings, or any of them, on
any terms it thinks fit to impose.
93. Where the petitioner does not proceed with due
diligence on his petition, the Court may substitute as
petitioner any other creditor to whom the debtor is indebted
in the amount required by this Act in the case of the
petitioning creditor.
94. If a debtor by or against whom an insolvency
petition has been presented dies, the proceedings in the
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debtor dies.

Staying
proceedings.

Petitions
against
partners.

Dismissal of
petition as to
one or more
respondents.

When more
than one
petition, same
assignee to be
appointed.

Procedure in
case of partner
being insolvent.
matter shall, unless the Court otherwise orders, be continued
as if he were alive.
95. The Court, for sufficient reason, may at any time
make an order staying the proceedings under an insolvency
petition, either altogether or for a limited time, on any terms
and subject to any conditions the Court thinks just.
96. Any creditor whose debt is sufficient to entitle
him to present an insolvency petition against all the partners
of a firm may present a petition against any one or more of
them without including the others.
97. Where there are more respondents than one to a
petition, the Court may dismiss the petition as to one or more
of them, without prejudice to the effect of the petition as
against the others.
98. Where a receiving order has been made on an
insolvency petition against or by one member of a
partnership, and any other insolvency petition against or by a
member of the same partnership is filed in the Court, unless
the Court otherwise directs, the same assignee or receiver
shall be appointed as has been appointed in respect of the
property of the first-mentioned member of the partnership;
and the Court may give directions for consolidating the
proceedings under the petitions as it thinks just.
99. Where a member of a partnership is adjudged
insolvent or where a receiving order is made, the Court may
authorise the assignee to commence and prosecute any action
in the names of the assignee and of the insolvent’s partner;
and any release by that partner of the debt or demand to
which the action relates shall be void; but notice of the
application for authority to commence the action shall be
given to him, and he may show cause against it, and on his
application the Court may, if it thinks fit, direct that he shall
receive his proper share of the proceeds of his action, and, if
he does not claim any benefit therefrom, he shall be
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Insolvent
contractor.

Action by or
against
partners.

Execution of
search warrant.
Liability of
person
opposing the
Official
Receiver, etc.

Committal to
prison.
indemnified against costs in respect thereof as the Court
directs.
100. Where an insolvent is a contractor, or where a
receiving order is made against a debtor who is a contractor,
in respect of any contract jointly with any person or persons,
that person or those persons may sue or be sued in respect of
the contract without the joinder of the insolvent.
101. Any two or more persons who are partners, or
anyone carrying on business under a partnership name, may
take proceedings or be proceeded against under this Act in
the name of the firm, but in that case the Court may, on
application by anyone interested, order the names of the
persons who are partners in the firm or the name of that
person to be disclosed in the manner, and verified upon oath
or otherwise, directed by the Court.
WARRANTS OF COURT
102. A search warrant issued by the Court for the
discovery of any property of a debtor may be executed in the
prescribed manner, or in the same manner and with the same
privileges as a search warrant for property supposed to be
stolen may be executed according to law.
103. Everyone who opposes or hinders the Official
Receiver or an assignee or manager in the performance of his
duty under this Act shall be guilty of a contempt of court.
104. Where the Court commits anyone to prison, the
commitment may be to any convenient prison the Court
thinks expedient.

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Summary
administration
in small cases.

Order for
administration
of debtor’s
PART VII
SUPPLEMENTAL PROVISIONS
Application of Act
105. When a petition is presented by or against a
debtor, if the Court is satisfied by affidavit or otherwise, or
the Official Receiver reports to the Court, that the property of
the debtor is not likely to exceed in value fifteen hundred
dollars, the Court may make an order that the debtor’s estate
be administered in a summary manner, and thereupon the
provisions of this Act shall be subject to the following
modifications:
(a) if the debtor is adjudged insolvent the
Official Receiver shall be the assignee;
(b) there shall be no committee of inspection,
but the Official Receiver may do all things
which may be done by the assignee with
the permission of the committee of
inspection;
(c) other modifications may be made in the
provisions of this Act as prescribed by
general rules with the view of saving
expense and simplifying procedure; but
nothing in this section shall permit the
modification of the provisions of this Act
relating to the examination and discharge of
the debtor:
Provided that the creditors may at any time by special
resolution resolve that an assignee be appointed, and
thereupon the matter shall proceed as if an order for
summary administration had not been made.
106. (1) Where a judgment has been obtained in any
court and the debtor is unable to pay the amount forthwith,
and alleges that his whole indebtedness amounts to a sum not
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estate on
judgment.
[4 of 1972]
exceeding two thousand dollars, inclusive of the debt for
which the judgment is obtained, the Court may make an
order providing for the administration of his estate, and for
the payment of his debts by instalments or otherwise, and
either in full or to the extent to the Court, in the circumstances
of the case, appearing to be practicable, and subject to any
conditions as to his future earnings or income the Court
thinks just.
(2) The order shall not be invalid by reason only
that the total amount of the debts is found at any time to
exceed five hundred dollars, but in that case the Court may, if
it thinks fit, set aside the order.
(3) When the order is made, no creditor shall have
any remedy against the person or property of the debtor in
respect of any debt which the debtor has notified to the Court,
except with the leave of the Court and on the terms which the
Court imposes; and all proceedings pending against the
debtor in respect of that debt shall be stayed, but the costs
already incurred by the creditor may, on application to the
Court, be added to the debt notified.
(4) If the debtor makes default in payment of any
instalment payable in pursuance of an order under this
section, he shall be deemed, unless the contrary is proved, to
have had, since the date of the order, the means to pay the
sum in respect of which he has made default and to have
refused or neglected to pay it.
(5) The order shall be carried into effect in the
prescribed manner.
(6) Money paid under the order and the proceeds
of sale of any goods sold by the Official Receiver, after
deducting all expenses of seizure and sale and fees, shall be
appropriated, first, in satisfaction of the costs of the plaintiff
in the action, next, in satisfaction of the costs of
administration, and then in liquidation of debts in accordance
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with the order.
(7) Notice of the application for the order shall be
sent to the Official Receiver, and, when the order is made, the
Official Receiver shall publish a notice in the Gazette and in
one newspaper, calling on all persons who claim to be
creditors in respect of debts contracted before the date of the
order to prove their debts within twenty-one days from the
date of the first publication of that notice.
(8) Any creditor of the debtor, on proof of the debt
before the Official Receiver, shall be entitled to be scheduled
as a creditor of the debtor for the amount of his proof.
(9) Any creditor may, in the prescribed manner,
object to any debt scheduled or to the manner in which
payment is directed to be made by instalments.
(10) Anyone who, after the date of the order,
becomes a creditor of the debtor, shall on proof of his debt
before the Official Receiver, be scheduled as a creditor of the
debtor for the amount of his proof, but shall not be entitled to
any dividend under the order until those creditors who are
scheduled as having been creditors before the date of the
order have been paid to the extent provided by the order.
(11) When the amount received under the order is
sufficient to pay each creditor scheduled to the extent thereby
provided and the costs of the plaintiff and of the
administration, the order shall be superseded and the debtor
shall be discharged from his debts to the scheduled creditors.
(12) Nothing in this section contained shall protect
the debtor from proceedings for the recovery of any debt
contracted by him after the date of the order; and where any
judgment for the payment of money is obtained against the
debtor during the subsistence of the order, the Court may, if it
thinks fit, on the application of the Official Receiver or any
creditor of the debtor, rescind the order, adjudge the debtor
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Exclusion of
partnerships
and companies.
c. 89:01
Person dying
insolvent.
insolvent, and make all consequential orders appearing just.
(13) During the subsistence of the order, no
transport passed, or mortgage executed, by the debtor shall be
of any force or validity unless the Official Receiver or the
person having the conduct of the order consents in writing to
the transport or mortgage being passed or executed; and no
advertisement of any intended transport or mortgage by the
debtor shall be made by the Registrar until that consent in
writing has been deposited in his office.
107. A receiving order shall not be made against any
corporation or against any partnership, or association, or
company registered under the Companies Act.
108. (1) Any creditor of a deceased debtor whose debt
would have been sufficient to support an insolvency petition
against that debtor, had he been alive, may present to the
Court a petition, in the prescribed form, praying for an order
for the administration of the estate of the deceased debtor,
according to the law of insolvency.
(2) Upon the prescribed notice being given to the
representative of the deceased debtor, the Court may on proof
of the petitioner’s debt, unless the Court is satisfied that there
is a reasonable probability that the estate will be sufficient for
the payment of the debts owing by the deceased, make an
order for the administration in insolvency of the deceased
debtor’s estate, or may, upon cause shown, dismiss the
petition, with or without costs.
(3) An executor or administrator may at any time
apply for and obtain an order of administration under this
section.
(4) Upon an order being made for the
administration of a deceased debtor’s estate, the property of
the debtor shall vest in the Official Receiver as assignee and
he shall forthwith proceed to realise and distribute it in
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accordance with this Act.
(5) With the modifications hereinafter mentioned,
all the provisions of Part III relating to the administration of
the property of an insolvent shall, so far as they are
applicable, apply to the case of an administration order under
this section in like manner as to an order of adjudication
under this Act.
(6) In the administration of the property of the
deceased debtor under an order of administration, the
Official Receiver shall have regard to any claim by the
representative of the deceased debtor to payment of the
proper funeral and testamentary expenses incurred by him in
and about the debtor’s estate, and to any claim for payment
for medical attendance on and medicine for the deceased
debtor for the four months preceding his decease, and those
claims shall be deemed a preferential debt under the order
and be payable in full out of the debtor’s estate in priority to
all other debts.
(7) If, on the administration of a deceased debtor’s
estate, any surplus remains in the hands of the Official
Receiver after payment in full of all the debts due from the
debtor, together with the costs of the administration and
interest as provided by this Act in case of insolvency, the
surplus shall be paid over to the heir of the deceased debtor
or dealt with in any other prescribed manner.
(8) Notice to the heir or executor of a deceased
debtor of the presentation by a creditor of a petition under
this section shall, if an order for administration is made
thereon, be deemed to be equivalent to notice of an act of
insolvency, and after the notice no payment or transfer of
property made by the heir or executor shall operate as a
discharge to him as between himself and the Official Receiver,
but, except as aforesaid, nothing in this section shall
invalidate any payment made or any act or thing done in
good faith by the heir or executor before the date of the order
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Rules and
scale made and
prescribed in
1901.

Making of
general rules.
[O. 37/1966A]
c. 6:04
for administration.
(9) In any case of administration in insolvency
under this section the creditors of the deceased debtor shall
have the same powers as to appointment of an assignee and
committee of inspection as they have in other cases where the
estate of a debtor is being administered or dealt with in
insolvency, and the provisions of this Act relating to assignees
and committees of inspection shall apply to assignees and
committees of inspection appointed under the power
conferred by this subsection.
(10) General rules for carrying into effect the
provisions of this section may be made in the same manner
and to the like effect and extent as in insolvency.
(11) “Creditor” in this section means one or more
creditors qualified to present an insolvency petition as in this
Act provided.
General Rules
109. (1) The Insolvency Rules, 1901, and the scale of
fees and percentages in insolvency matters made and
prescribed by the Court of Policy on the 5th September, 1901,
shall be construed and have effect as if they respectively had
been made and prescribed under and in accordance with this
Act.
(2) The authority empowered to make rules of
court regulating the practice and procedure of the Court may
from time to time make general rules for carrying into effect
the objects of this Act, and also for carrying into effect the
Debtors’ Act.
(3) Any copy of the rules purporting to have been
printed for the Government of Guyana, shall be prima facie
evidence in all courts and for all purposes of their due making
and tenor.
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Fees.

Evidence of
notice.

Evidence of
proceedings at
meetings of
creditors.

Evidence of
proceedings in
Fees, Expenditure and Returns
110. The Minister, subject to negative resolution of
the National Assembly, may from time to time prescribe a
scale of fees and percentages to be charged for or in respect
of proceedings under this Act, and may direct by whom and
in what manner they are to be collected and accounted for,
and to what account they shall be paid.
Evidence
111. (1) A copy of the Gazette containing any notice
inserted therein in pursuance of this Act shall be evidence of
the facts stated in the notice.
(2) The production of a copy of the Gazette
containing any notice of a receiving order, or of an order
adjudging a debtor insolvent, or of an order of administration
under section 108, shall be conclusive evidence in all legal
proceedings of the order having been duly made, and of its
date.
112. (1) A minute of proceedings at a meeting of
creditors or of a committee of inspection under this Act,
signed, at the same or the next ensuing meeting, by a person
describing himself as, or appearing to be, chairman of the
meeting at which the minute is signed, shall be received in
evidence without further proof.
(2) Until the contrary is proved, every meeting of
creditors or of a committee of inspection in respect of the
proceedings whereof a minute has been so signed shall be
deemed to have been duly convened and held, and all
resolutions passed or proceedings had thereat to have been
duly passed or had.
113. (1) Any petition or copy of a petition in
insolvency, any order or certificate or copy of an order or
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insolvency.

Swearing of
affidavits.

Deposition of
deceased
witness.
Seal of the
Court.

Seal of the
Official
Receiver.
certificate made by the Court, any instrument or copy of an
instrument, affidavit, or document made or used in the course
of any insolvency proceedings, or other proceedings had
under this Act, shall, if it appears to be sealed with the seal of
the Court, or purports to be signed by any judge thereof, or is
certified as a true copy by the Registrar be receivable in
evidence in all legal proceedings whatever.
(2) Any copy of a document filed in the office of
the Official Receiver shall, if it appears to be sealed with the
seal of the Official Receiver, be receivable in evidence in all
legal proceedings whatever.
114. Subject to general rules, any affidavit to be used
in the Court may be sworn before anyone authorised to
administer oaths, or, in the case of a person who is out of
Guyana, before a magistrate or justice of the peace or other
person qualified to administer oaths in the country where he
resides (he being certified, if residing out of Guyana, to be a
magistrate or justice of the peace, or qualified as aforesaid,
by a diplomatic agent or consular officer of Guyana, or by a
notary public).
115. In case of the death of the debtor or his wife, or of
a witness whose evidence has been received by any Court in
any proceeding under this Act, the deposition of the person
so deceased, purporting to be sealed with the seal of the
Court, or a copy thereof purporting to be so sealed, shall be
admitted as evidence of the matters therein testified.
116. For matters in insolvency the Court shall have a
seal describing the Court with the word “insolvency” added,
and judicial notice shall be taken of the seal, and of the
signature of any judge or of the Registrar, in all legal
proceedings.
117. The Official Receiver for matters in insolvency
shall have a seal, which must be approved by the Chancellor,
and judicial notice shall be taken of the seal in all legal
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Certificate of
appointment of
assignee.
Appeal from
the Official
Receiver.

Proceedings of
the Official
Receiver.
Computation of
time.
[4 of 1972]
proceedings.
118. A certificate of the Official Receiver that a person
has been appointed assignee under this Act shall be
conclusive evidence of the appointment.
119. Where by this Act an appeal to the Court is given
against any decision of the Official Receiver, the appeal shall
be brought within twenty-one days from the time when the
decision appealed against is pronounced or made.
120. All documents purporting to be orders,
directions, permissions, or certificates made, given, or issued
by the Official Receiver, and to be sealed with the seal of the
Official Receiver, shall be received in evidence, and deemed
to be those orders, directions, permissions, or certificates,
without further proof, unless the contrary is shown.
Miscellaneous
121. (1) Where by this Act any limited time from or
after any date or event is appointed or allowed for the doing
of any act or the taking of any proceedings, then, in the
computation of that limited time, it shall be taken as exclusive
of the day of that date or of the happening of that event, and
as commencing at the beginning of the next following day;
and the act or proceeding shall be done or taken at latest, on
the last day of that limited time as so computed, unless the
last day is a public holiday or a day on which the office of the
Registrar is closed, in which case any act or proceeding shall
be considered as done or taken in due time if it is done or
taken on the next day afterwards, which shall not be one of
the days in this section specified.
(2) Where by this Act any act or proceeding is directed
to be done or taken on a certain day, then, if that day happens
to be a public holiday or a day on which the office of the
Registrar is closed, the act or proceeding shall be considered
as done, or taken in due time, if it is done or taken on the next
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Service of
notices.

Formal defect
not to
invalidate
proceedings.


Acting of
corporation,
firm or persons
under
disability.

Account to be
kept by Official
Receiver.

day afterwards, which shall not be one of the days in this
section specified.
122. All notices and other documents for the service
of which no special mode is directed may be sent by prepaid
post letter to the last known address of the person to be
served therewith.
123. (l) No proceeding in insolvency shall be
invalidated by any formal defect or by any irregularity, unless
the Court before which an objection is made to the
proceeding is of opinion that substantial injustice has been
caused by the defect or irregularity, and that the injustice
cannot be remedied by any order of the Court.
(2) No defect or irregularity in the appointment or
election of an assignee, receiver or member of a committee of
inspection shall vitiate any act done by him in good faith.
124. For all or any of the purposes of this Act, a
corporation may act by any if its officers authorised in that
behalf under the seal of the corporation, a firm may act by
any of its members, a lunatic may act by his committee or
curator bones, and an infant may act by his guardian, but no
infant shall be adjudged insolvent.
Insolvency Estates Account
125. (1) An account called the Insolvency Estates
Account (and hereinafter called “the account”) shall be kept
by the Official Receiver with the Accountant General, to
which the moneys mentioned in section 55(4), section 77 and
the next ensuing section shall be paid.
(2) The Official Receiver may apply to the Minister
responsible for finance for payment out of any moneys
standing at the credit of the account of any amount required
for the purpose of advances for the use of any estates, and the
said Minister may direct that the sum required shall be paid
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Unclaimed
dividends and
moneys.
to the Official Receiver by the Accountant General from those
moneys.
(3) Where the Official Receiver obtains those
advances, he shall, as soon as they have been recovered by
him under this Act or the rules made under it, repay them to
the account, and if the advance has been unpaid for more
than one month, interest thereon shall be payable out of the
estate from the date of the advance to the repayment thereof,
at the rate of six per cent per annum on every complete dollar
for every completed month.
(4) The Official Receiver shall keep a separate book
showing every amount drawn by him from the account, and
every payment made by him to the account, and the account
shall be audited by the Director of Audit once in every
quarter.
(5) Nothing in this section or Act contained shall
authorise the Official Receiver to incur, without the express
directions of the Court, or the personal security of some
creditor, any expense in relation to the estate of the debtor
against whom a receiving order has been made, but who has
no available assets.
Unclaimed Dividends
126. (1) Where the assignee, under any insolvency,
composition, or scheme pursuant to this Act, has under his
control any unclaimed dividend which has remained
unclaimed for more than six months, or where, after making a
final dividend, the assignee has in his hands or under his
control any unclaimed or undistributed moneys arising from
the property of the debtor, he shall forthwith pay the same to
the account in manner provided in section 77, and the
Accountant General shall deliver to the Official Receiver a
receipt for the money so paid, which shall be an effectual
discharge to him in respect thereof.

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Provisions
which bind the
State.


Attorney’s
right of
audience.
c. 12:20

(2) Anyone claiming to be entitled to any moneys
paid into the account pursuant to this section may, within ten
years from the date when they were so paid in, apply to the
Minister responsible for finance for payment of them to him.
(3) The Minister responsible for finance, if satisfied
of the correctness of the claim, may authorise the Accountant
General to pay out the amount claimed, or any portion to
which the right is established.
(4) The Minister responsible for finance, if not
satisfied of the correctness of the claim, may authorise and
require the claimant to establish his claim in due course of
law, and the Accountant General shall make any defence he
may be advised.
(5) If any of the moneys remain unclaimed for the
period of ten years immediately following the date when they
were so paid in as aforesaid, all right, title, and interest of
every person in and to them shall be barred, and they shall be
transferred from the account to the credit of the fee fund.
The State
127. Except as herein provided, the provisions of this
Act relating to the remedies against the property of a debtor,
the priorities of debts, the effect of a composition or scheme of
arrangement, and the effect of a discharge, shall bind the
State.
Attorneys-at-law
128. All attorneys-at-law shall have the right of
audience in all proceedings under the Debtors Act, or this
Act, or any Act amending either of them, which are heard and
determined before a judge of the Court, but in no proceedings
under the said Acts heard and determined by the Full Court.

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Application of
Insolvency
Ordinance,
1884
s. 16

Time of first
meeting.
Notification of
meeting.

Giving notice
to creditors.


Place of
meeting.

Power to
summon other
meetings.
129. Where there is no provision in this Act relating
to similar proceedings, the provisions of the Insolvency
Ordinance, 1884, shall, notwithstanding its repeal, apply as if
this Act had not been passed.
FIRST SCHEDULE
MEETINGS OF CREDITORS
1. The first meeting of creditors shall be summoned
for a day not later than twenty-one days after the date of the
receiving order, unless the Official Receiver for any special
reason deems it expedient that the meeting be summoned for
a later day.
2. The Official Receiver shall summon the meeting by
giving not less than six days’ notice of the time and place
thereof in the Gazette and in one newspaper. The notice shall
also require all persons claiming to be creditors to prove their
debts before the meeting.
3. The Official Receiver shall also, as soon as
practicable, send to each creditor mentioned in the debtor’s
statement of affairs a notice of the time and place of the first
meeting of creditors, but the proceedings at the first meeting
shall not be invalidated by reason of that notice not having
been sent or received before the meeting.
4. The meeting shall be held at the place, in the
opinion of the Official Receiver, most convenient for the
majority of the creditors, and the statement of affairs (if any)
shall be laid before the meeting.
5. The Official Receiver or the assignee may at any
time summon a meeting of creditors, and shall do so
whenever so directed by the Court or so requested in writing
by one-fourth in value of the creditors.
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Mode of
summoning
other meetings.

Chairman of
meetings.

Persons
entitled to vote
as creditors.

No right to
vote in respect
of unliquidated
debt.
Right of voting
of secured
creditor.

Right of voting
in respect of
debt secured by
bill of
exchange.
6. Meetings subsequent to the first meeting shall be
summoned by sending notice of the time and place thereof to
each creditor at the address given in his proof, or, if he has
not proved, at the address given in the debtor’s statement of
affairs, or another address known to the person summoning
the meeting.
7. The Official Receiver, or some person nominated
by him, shall be the chairman at the first meeting. The
chairman at subsequent meetings shall be the person whom
the meeting by resolution appoints
8. A person shall not be entitled to vote as a creditor
at the first or any other meeting of creditors unless he has
duly proved a debt provable in insolvency to be due to him
from the debtor, and the proof has been duly lodged before
the time appointed for the meeting.
9. A creditor shall not vote at a meeting in
respect of any unliquidated or contingent debt, or of any
debt the value of which is not ascertained.
10. For the purpose of voting, a secured creditor shall,
unless he surrenders his security, state in his proof the
particulars of his security, the date when it was given, and the
value at which he assesses it, and shall be entitled to vote only
in respect of the balance, if any, due to him, after deducting
the value of his security. If he votes in respect of his whole
debt, he shall be deemed to have surrendered his security,
unless the Court, on application, is satisfied that the omission
to value the security has arisen from inadvertence.
11. A creditor shall not vote in respect of any debt on,
or secured by, a current bill of exchange or promissory note
held by him, unless he is willing to treat the liability to him
thereon of every person who is liable thereon antecedently to
the debtor, and against whom a receiving order has not been
made, as a security in his hands, and to estimate the value
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Power to
require secured
creditor voting
to give up
security.

Voting in case
of insolvent
partner.

Powers of
chairman with
regard to votes.

Mode of
voting.
Form of proxy.
thereof, and, for the purposes of voting but not for the
purposes of dividend, to deduct it from his proof.
12. It shall be competent to the Official Receiver or
the assignee, within twenty-eight days after a proof
estimating the value of a security as aforesaid has been made
use of in voting at any meeting, to require the creditor to give
up the security for the benefit of the creditors generally, on
payment of the value so estimated, with an addition thereto
of twenty per cent:
Provided that, where a creditor has put a value on the
security, he may, at any time before he has been required to
give up the security as aforesaid, correct the valuation by a
new proof, and deduct the new value from his debt, but in
that case the addition of twenty per cent shall not be made if
the Official Receiver or assignee requires the security to be
given up.
13. If a receiving order is made against one partner of
a firm, any creditor to whom that partner is indebted jointly
with the other partners of the firm, or any of them, may prove
his debt for the purpose of voting at any meeting of the
creditors, and shall be entitled to vote thereat.
14. The chairman of a meeting shall have power to
admit or reject a proof for the purpose of voting, but his
decision shall be subject to appeal to the Court. If he is in
doubt whether the proof of a creditor should be admitted or
rejected, he shall mark the proof as objected to, and shall
allow the creditor to vote, subject to the vote being declared
invalid in the event of the objection being sustained.
15. A creditor may vote either in person or by proxy.
16. (l) Every instrument of proxy shall be in the
prescribed form, and shall be signed by the creditor in the
presence of two witnesses, and may be obtained from the
Official Receiver, or after the appointment of an assignee,
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General proxy.

Special proxy.

Deposit of
proxy before
from the assignee. If any insertion therein is not in the
handwriting of the person giving the proxy, or of any
manager or clerk or other person in his regular employment,
or of any commissioner to administer oaths to affidavits, the
name of the person making the insertion shall be stated.
(2) Neither the name nor the description of the
Official Receiver, or of any other person, shall be printed or
inserted in the body of any instrument of proxy before it is
sent.
17. A creditor may give a general proxy to his
manager or clerk, or any other person in his regular
employment. In that case the instrument of proxy shall state
the relation in which the person to act thereunder stands to
the creditor.
18. A creditor may give a special proxy to any person
to vote at any specified meeting or adjournment thereof on all
or any of the following matters:
(a) for or against any specific proposal for a
composition or scheme of arrangement;
(b) for or against the appointment of any
specified person as assignee at a specified
rate or remuneration or as member of the
committee of inspection, or for or against
the continuance in office of any specified
person, as assignee or member of a
committee of inspection;
(c) on all questions relating to any matter, other
than those above referred to, arising at
any specified meeting or adjournment
thereof.
19. A proxy shall not be used unless it is deposited
with the Official Receiver or assignee three hours before the
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use.

Case of
assignee
soliciting
proxies.


Power to
appoint the
Official
Receiver as
proxy.
Power to
adjourn
meeting.
Quorum at
meeting.


Adjournment
in default of
quorum.

Minutes of
meetings.
meeting at which it is to be used.
20. Where it appears, to the satisfaction of the Court,
that any solicitation has been used by or on behalf of an
assignee or receiver in obtaining proxies or in procuring the
assigneeship or receivership, except by the direction of a
meeting of creditors, the Court may, if it thinks fit, order that
no remuneration shall be allowed to the person by whom or
on whose behalf the solicitation has been exercised,
notwithstanding any resolution of the committee of
inspection, or of the creditors to the contrary.
21. A creditor may appoint the Official Receiver to act
in the prescribed manner as his general or special proxy.
22. The chairman of a meeting may, with the
consent of the meeting, adjourn the meeting from time to
time and from place to place.
23. A meeting shall not be competent to act for any
purpose, except the election of a chairman, the proving of
debts, and the adjournment of the meeting, unless there are
present, or represented thereat, at least three creditors, or all
the creditors, if their number does not exceed three.
24. If, within half-an-hour from the time appointed
for the meeting, a quorum of creditors is not present or
represented, the meeting shall be adjourned to the same day
in the following week, at the same time and place, or to
another day appointed by the chairman, not being less than
seven or more than twenty-one days.
25. The chairman of every meeting shall cause
minutes of the proceedings at the meeting to be drawn up
and fairly entered in a book to be kept for that purpose, and
the minutes shall be signed by him or by the chairman of the
next ensuing meeting.
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Prohibition of
proxy voting in
favour of
remuneration
for himself.

Time of
proving.

Mode of proof.

Person to
make affidavit
Particulars of
affidavit.
26. No person acting either under a general or special
proxy shall vote in favour of any resolution which would
directly or indirectly place himself, his partner, or his
employer in a position to receive any remuneration out of the
estate of the debtor, otherwise than as a creditor rateably with
the other creditors of the debtor:
Provided that, where any person holds special proxies
to vote for the appointment of himself
___________
SECOND SCHEDULE
PROOF OF DEBTS
Proof in ordinary Cases
1. Every creditor shall prove his debt as soon as may
be after the making of a receiving order.
2. A debt may be proved by delivering or sending
through the post in a prepaid letter to the Official Receiver,
or, if an assignee has been appointed, to the assignee, an
affidavit verifying the debt.
3. The affidavit may be made by the creditor himself
or by some person authorised by or on behalf of the creditor.
If made by a person so authorised, it shall state his authority
and means of knowledge.
4. The affidavit shall contain or refer to a statement of
account showing the particulars of the debt, and shall specify
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Particulars as
to security.
Cost of proof.

Right to see
other proofs.

Discounts on
debt proved.

Proof for
balance of debt.

Proof for whole
debt.

Particulars of
proof of
secured debt.
the vouchers, if any, by which the statement can be
substantiated. The Official Receiver or the assignee may at
any time call for the production of the vouchers.
5. The affidavit shall state whether the creditor is or is
not a secured creditor.
6. A creditor shall bear the cost of proving his debt,
unless the Court otherwise specially orders.
7. Every creditor who has lodged a proof shall be
entitled to see and examine the proofs of other creditors
before the first meeting, and at all reasonable times, on
payment of the prescribed fee.
8. A creditor proving his debt shall deduct therefrom
all trade discounts, but he shall not be compelled to deduct
any discount, not exceeding five per cent on the net amount
of his claim, which he may have agreed to allow for payment
in cash.
Proof by Secured Creditors
9. If the security held by a secured creditor has been
realised, he may prove for the balance due to him, after
deducting the amount received by him on account of his debt
out of the proceeds of the realisation.
10. If a secured creditor surrenders his security to the
Official Receiver or the assignee for the general benefit of the
creditors, he may prove for his whole debt.
11. If a secured creditor does not surrender his
security and his security has not been realised, he shall, before
ranking for dividend, state in his proof the particulars of his
security, the date when it was given, and the value at which
he assesses it, and shall be entitled to receive a dividend only
in respect of the balance due to him after deducting the value
so assessed.
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Powers of
dealing with
security.

Amendment of
valuation of
security.

Consequences
of amendment.
12. (1) Where a security is so valued the assignee may
at any time redeem it, on payment to the creditor of the
assessed value.
(2) If the assignee is dissatisfied with the value at
which a security is assessed, he may proceed to offer for sale
the property comprised in any security so valued at the times
and on the terms and conditions agreed on between the
creditor and the assignee, or, in default of that agreement,
which the Court directs. If the sale is by public auction or
tender, the creditor, or assignee on behalf of the estate, may
bid or tender and purchase:
Provided that the creditor may at any time, by notice in
writing, require the assignee to consent to the security being
realised, or to realise the security, and if the assignee does not
within three months after receiving the notice, give his
consent or take the necessary steps, the creditor may apply to
the Court for directions to be issued to the assignee.
13. Where a creditor has so valued his security, he
may at any time amend the valuation and proof on showing,
to the satisfaction of the assignee, or the Court, that the
valuation and proof were made bona fideon a mistaken
estimate, or that the security has diminished or increased in
value since its previous valuation; but the amendment shall
be made at the cost of the creditor and upon such terms as the
Court orders, unless the assignee allows the amendment
without application to the Court.
14. Where a valuation has been amended in
accordance with the foregoing rule the creditor shall
forthwith repay any surplus dividend which he may have
received in excess of that to which he would have been
entitled on the amended valuation, or, as the case may be,
shall be entitled to be paid, out of any money for the time
being available, any dividend or share of dividend which he
may have failed to receive by reason of the inaccuracy of the
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Realisation of
security.

Effect of non-
compliance by
secured
creditor.
Maximum
amount to be
received by
creditor.

Case of debtor
liable in several
capacities.

Proof for
proportionate
sums.
original valuation, before that money is made applicable to
the payment of any future dividend, but he shall not be
entitled to disturb the distribution of any dividend declared
before the date of the amendment.
15. If, after a creditor has valued his security, it is
subsequently realised, the amount received by him in
respect thereof shall be substituted for the amount of any
valuation previously made by the creditor, and shall be
treated in all respects as an amended valuation made by the
creditor.
16. If a secured creditor does not comply with the
foregoing rules, he shall be excluded from all share in any
dividend.
17. A creditor shall in no case receive more than one
hundred cents in the dollar, and interest as provided by this
Act.
Proof in respect of Distinct Contracts
18. If a debtor was, at the date of the receiving order,
liable in respect of distinct contracts as a member of two or
more distinct firms, or as a sole contractor and also as a
member of a firm, the circumstance that the firms are in
whole or in part composed of the same individuals, or that
the sole contractor is also one of the joint contractors, shall not
prevent proof in respect of the contracts against the
properties respectively liable on the contracts.
Periodical Payments
19. When any rent or other payment falls due at stated
periods, and the receiving order is made at any time other
than one of those periods, the person entitled to the rent or
payment may prove for a proportionate part thereof up to the
date of the order, as if the rent or payment grew due from day
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Proof for
interest.
Interest on
debt.


Conditions of
proving for
debt not
payable.
to day.
Interest
20. On any debt or sum certain, payable at a
certain time or otherwise, whereon interest is not reserved or
agreed for, and which is overdue at the date of the
receiving order and provable in the insolvency, the creditor
may prove for interest at a rate not exceeding four per cent per
annum to the date of the order from the time when the debt or
sum was payable, if the debt or sum is payable by virtue of a
written instrument at a certain time, and, if payable
otherwise, then from the time when the demand in writing
has been made giving the debtor notice that interest will be
claimed from the date of the demand until the time of
payment.
21. Where a debt has been proved upon a debtor’s
estate under this Act and includes interest, or any pecuniary
consideration in lieu of interest, that interest or
consideration shall for the purposes of dividend, be
calculated at a rate not exceeding six per cent per annum,
without prejudice to the right of a creditor to receive out of
the estate any higher rate of interest to which he may be
entitled after all the debts proved in the estate have been paid
in full.
Debt payable at a future Time
22. A creditor may prove for a debt not payable when
the debtor committed an act of insolvency as if it were
payable presently, and may receive dividends equally with
the other creditors, deducting only thereout a rebate of
interest at the rate of six per cent per annum computed from
the declaration of a dividend, to the time when the debt
would have become payable, according to the terms on which
it was contracted.

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Examination of
a decision on
proof.

Appeal against
decision.

Expunging
proof.


Powers of
Official
Receiver before
appointment of
assignee.
Admission or Rejection of Proofs
23. The assignee shall examine every proof and the
grounds of the debt, and in writing, admit or reject it, in
whole or in part, or require further evidence in support of it.
If he rejects a proof, he shall state in writing to the creditor the
grounds of the rejection.
24. If the creditor is dissatisfied with the decision of
the assignee in respect of a proof, the Court may, on the
application of the creditor, reverse or vary the decision.
25. (1) If the assignee thinks that a proof has been
improperly admitted, the Court may, on the application of the
assignee, after notice to the creditor who made the proof,
expunge the proof or reduce its amount.
(2) The Court may also expunge or reduce a proof,
on the application of a creditor, if the assignee declines to
interfere in the matter, or, in the case of a composition or
scheme, on the application of the debtor.
26. The Official Receiver, before the appointment of
an assignee, shall have all the powers of an assignee with
respect to the examination, admission or rejection of proofs,
and any act or decision of his in relation thereto shall be
subject to the like appeal.
____________________

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SUBSIDIARY LEGISLATION
_________________
INSOLVENCY RULES
ARRANGEMENT OF RULES
PRELIMINARY
RULE
1 . Citation, commencement and application.
2 . Interpretation.
3 . Computation of time.
FORMS
4 . Use of forms in Schedule.
PART I
COURT PROCEDURE
Court and Chambers
5 . Matters to be heard in Court.
6 . Adjournment from chambers to Court, and vice versa.
PROCEEDINGS
7 . Proceedings, how intituled.
8 . Written or printed proceedings.
9 . Records of the Court.
10. Notices to be in writing.
11. Process to be sealed.
12. Meetings summoned by Court.
13. Office copies.
14. Filing, gazetting, etc.
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RULE
TRANSFER OF PROCEEDINGS
15. Notice to creditors.
MOTIONS AND PRACTICE
16. Applications to be by motion.
17. Notice of motion and ex parte applications.
18. Length of notice.
19. Evidence on motion.
20. Notice not served on all proper parties.
21. Adjournment.
22. Personal service.
23. Filing affidavits on showing cause.
24. Endorsement on affidavits.
25. Notice of motion to be filed.
26. Precedence of motion.
SECURITY IN COURT
27. Security by bond.
28. Amount of bond.
29. Deposit in lieu of bond.
30. Money lodged in Court.
31. Guarantee Society.
32. Notice of sureties.
33. Justification by sureties.
34. Execution of bond.
35. Notice of deposit.
AFFIDAVITS
36. Costs if irrelevant or prolix.
37. Form.
38. Deponent's description.

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RULE
39. Several deponents.
40. Scandalous matter.
41. Erasures, etc.
42. Blind or illiterate persons.
43. Formal defects.
44. Office copies.
45. Swearing affidavit.
46. Time for filing.
47. Proof of affidavits.
WITNESSES AND DEPOSITIONS
48. (1) Citations.
(2) Service of citation.
49. Limit of witnesses' costs.
50. Costs of witness not examined.
51. Deposition, etc.
52. Shorthand notes, etc.
53. Form of commission.
54. Production of document.
55. Disobedience to order.
56. Conduct money.
DISCOVERY
57. Discovery
DISCOVERY OF DEBTOR'S PROPERTY
58. Applications for discovery.
APPROPRIATION OF PAY, SALARY,
PENSIONS, ETC.
59. Notice of application to insolvent.

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RULE
60. Notice to Minister.
61. Notice of order.
62. Review of order.
WARRANTS, ARRESTS AND COMMITMENTS
63. To whom warrants addressed.
64. Custody of debtor.
65. Applications to commit.
66. Notice and hearing of application.
67. Attachment against debtor or assignee.
SERVICE AND EXECUTION OF PROCESS
68 . Address of solicitor for service.
69 . Address for service in other cases.
70 . Hours for service.
71 . Duties of Registrar or marshal.
72. Service by post.
73. Enforcement of orders.
RULES RELATING TO THE BUSINESS OF THE COURT
74. Sittings.
75. Weekly.
76. Full Court.
77. Registrar's Office.
78. Execution on orders.
COSTS
79. Awarding costs.
80. Orders to be sealed, etc.
81. Taxation.
82. (1) Scale of costs and charges.

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RULE
(2) Lower scale of costs of estates under $1,000.
(3) Readjustment of costs
83. Attorney-at-law's costs in case of petition by debtor.
84. Costs paid otherwise than out of estate.
85. Bill of costs to be filed.
86. Certificate of employment.
87. Notice of appointment.
88. Application for costs.
89. Lodgment of bill.
90. Copy of bill.
91. Priority of costs and charges payable out of estate.
92. Disallowance of costs of unnecessary petition.
93. Apportionment of costs in case of partnership.
94. Costs out of joint or separate estates.
APPEALS
95. Restrictions on appeal.
96. Time for appeal.
97. Security for costs of appeal.
98. Notice of appeal.
99. Procedure on appeals.
RESCISSION OF RECEIVING ORDER, AND AMENDMENT
OF ADJUDICATION
100. Application to rescind receiving orders, etc.
PART II
PROCEEDINGS FROM ACT OF INSOLVENCY TO
DISCHARGE
Declaration of inability to pay Debts
101. Form of declaration.

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RULE
INSOLVENCY NOTICE
102. Form of notice.
103. Issue of notice.
104. Endorsement of address, etc.
105. Application to set aside.
106. Duration of notice.
107. Service of notice.
108. Setting aside notice.
INSOLVENCY PETITION
109. Form of petition.
110. Attestation.
111. Deposit by petitioner.
CREDITOR’S PETITION
112. Security for costs.
113. Verification and copies.
114. Who to verify.
115. Joint petitioners.
116. Petition to be investigated
SERVICE OF CREDITOR'S PETITION
117. Personal service.
118. Substituted service.
119. Proof of service.
120. Service out of jurisdiction.
121. Death of debtor before service of petition.
HEARING OF PETITION
122. Proceedings on petition.
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RULE
123. Time of hearing.
124. Several respondents.
125. Debtor intending to show cause.
126. Non-appearance of debtor.
127. Appearance of debtor to show cause.
128. Non-appearance of creditor.
129. Personal attendance of creditor dispensed with.
130. Proceedings after trial of disputed question.
131. Application to dismiss.
132. Application for extension of time.
133. Order for extension of time.
134. Further adjournment.
INTERIM RECEIVER
135. Interim receiver.
136. Deposit.
137. Further deposit if necessary.
138. Repayment of deposit.
139. Damages if petition dismissed.
RECEIVING ORDER
140. Receiving order.
141. Receiving order on insolvency notice.
142. Stay of proceedings.
143. Advertisement.
144. Costs of petitioner.
PUBLIC EXAMINATION OF DEBTOR
145. Public examination of debtor.
146. Default by debtor in attending.
147. Adjournment sine die.
148. Proceedings after adjournment sine die.
149. Notice of proceeding after adjournment sine die.
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RULE
150. Public examination of a debtor as a lunatic, etc.
ADJUDICATION
151. Adjudication on application of debtor.
152. Adjudication on application of other parties.
153. Adjudication on failure of composition or scheme.
154. Adjudication on adjournment of examination sine
die.
155. Form of notice.
156. Order annulling adjudication.
SERVICE OF PROCEEDINGS
157. Service where debtor abroad
COMPOSITION OR SCHEME
158. Form where proposal submitted by debtor.
159. Application by Official Receiver or debtor for
approval of Court.
160. Notice to Official Receiver.
161. Notice to creditors.
162. Official Receiver's report to be filed.
163. Hearing and appeal.
164. Costs of application by debtor.
165. Evidence and order.
166. Provision in composition or scheme for costs and
charges.
167. Fee on application.
168. Correction of formal slips, etc.
169. Proceedings if scheme approved.
170. Cases in which Official Receiver is to be assignee.
171. Security by assignee under composition or scheme.
172. Non-payment of composition.
173. Vesting of property on annulment of composition.
174. Annulment of composition.
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RULE
175. Dividends under composition or scheme.
176. Proof of debts in composition or scheme.
177. Application of rules as to composition, etc
STATEMENT OF AFFAIRS
178. How made out.
179. Extension of time
PROOF OF DEBTS
180. Form of proof.
181. Workmen's wages.
182. Production of bills of exchange, etc.
183. Time for lodging proof.
184. Transmission from Official Receiver to assignee.
185. Filing of proof on appeal.
186. Time within which proofs to be dealt with by Official
Receiver.
187. Or by assignee.
188. Effect of notice of dividend.
189. Appeal from rejection of proof.
190. Costs of appeals from decisions as to proofs.
DIVIDENDS
191. (1) Notice of intended dividend.
(3) Declaration of dividend.
192. Production of bills, notes, etc.
193. Dividend may be sent by post.
DISCHARGE
194. Application.
195. Appeal.
196. Report of Official Receiver.
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RULE
197. Evidence in answer to report. Opposition by creditor.
198. Costs of application.
199. Conditional orders.
200. Order. Delivery of order.
201. Gazetting order.
202. Execution on judgment in case of conditional
discharge.
203. Accounts of after-acquired property.
204. Verification of statements of after-acquired property.
205. Application for modification of order.
PROXIES AND VOTING LETTERS
206. Form and filing of proxies.
207. Signature of proxy.
208. Filling in when creditor blind.
209. Minors not to be proxies.
MEETINGS OF CREDITORS
210. Notice to debtor.
211. Notice of first meeting.
212. Form and length of notice.
213. Notice to Official Receiver of creditors' meeting.
214. Cost of calling meeting.
215. Copy of resolution to be filed.
216. Adjournment.
217. Quorum.
PROCEEDINGS BY COMPANY OR CO-PARTNERSHIP
218. Public officer or agent of company.
PROCEEDINGS BY OR AGAINST A FIRM
219. Attestation of firm's signature.
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RULE
220. Service on firm
221. Debtor's petition by firm.
222. Receiving order against firm.
223. Statement of affairs.
224. Adjudication against partners.
JOINT AND SEPARATE ESTATES
225. First meeting.
226. Acceptance of composition, etc., by joint and separate
creditors.
227. Voting on composition.
228. Adjudication.
229. Separate firms.
230. Apportionment of assignee's remuneration.
LUNATICS
231. Lunatics.
ADMINISTRATION AND SALE OF PROPERTY
232. Sales.
233. Perishable goods.
234. Auction.
235. Immovable property.
236. Not to be sold at under-value.
237. Sale of small immovable property.
238. Large sales.
239. Opposition.
240. Plantations.
241. Interim directions
242. Notice to be given.
243. Parties to be heard.
244. Receivers.
245. Removal and vacancies.
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RULE
246. Directions.
247. Preference.
248. Time and mode of sale.
249. Sale of produce.
250. Notice.
251. Produce bound in consignment.
252. Remuneration to receiver.
253. Interpretation.
PART III
SPECIAL PROCEDURES
Small Insolvencies
254. Application for order.
255. Summary administration.
ADMINISTRATION OF ESTATE OF PERSON DYING
INSOLVENT RULE
256. Form of petition.
257. Gazetting.
258. Service.
259. Administration order.
260. Duties of executor, etc.
261. Executor de son tort.
262. Rules as to administration of estate of deceased
insolvent.
PART IV
OFFICERS, ASSIGNEES, AUDIT, ETC.
Registrar's Books
263. Books to be kept by Registrar.

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RULES
ACCOUNTS AND AUDIT
264. Record Book.
265. Cash Book.
266. Books to be submitted to committee of inspection.
267. Audit of Cash Book.
268. Passing of accounts.
269. Copy accounts to be filed.
270. Affidavit of no receipts.
271. Proceedings on resignation.
272. Joint and separate estates accounts.
273. Debtor's books.
274. Expenses of sales.
275. Allowance to debtor.
ASSIGNEES
276. Form of certificate of appointment.
277. Notice of appointment.
278. Notification of objection to Court.
279. Removal of trustee.
280. Removal for failing to keep up security.
281. Removal by Official Receiver.
282. Notice of resignation.
283. (1) Rate of remuneration.
(3) Limit of remuneration.
284. Assignee carrying on business.
285. Notice of application for release.
286. Gazette of release.
287. Delivery of books on release of assignee.
288. Meeting to consider conduct of assignee.
289. Authority for account at local bank.
290. Application for directions.
291. Creditor may obtain copy of an assignee's account.
292. Statements of accounts to be furnished to creditors.
293. Dealings with estate.
294. Assignee not to purchase from his employer or
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RULE
partner without
COURT'S SANCTION
295. Committee of inspection.
296. Sanction of payments to members of committee of
inspection.
297. Discharge of costs, etc., before estate handed over to
trustee.
298. Meetings of creditors to consider conduct of assignee.
DISCLAIMER OF LEASE
299. Disclaimer of lease without leave.
OFFICIAL RECEIVER
300. Duties as to debtor's statement of affairs.
301. Subsistence allowance to debtor.
302. Special report as to person employed to assist debtor.
303. Use of proxies by deputy.
304. Removal of special manager.
305. Mode of application.
306. Evidence on application by Official Receiver.
307. Application for directions.
308. No assets.
309. Accounting by Official Receiver.
310. Trading account of debtor.
311. Liability for costs, expenses and damages.
PAYMENT INTO AND OUT OF BANK
312. Local bank.
SECURITY BY ASSIGNEE OR SPECIAL MANAGER
313. Standing security to Official Receiver.
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RULE
SPECIAL MANAGER
314. Rate of payment.
315. Accounts.
UNCLAIMED FUNDS, ETC., UNDER SECTION 126
316. Application for payment out by party entitled.
GENERAL RULES AS TO ADMINISTRATION ORDERS
317. Request for order.
318. Stay of proceedings.
319. Contents of request.
320. Notice of request.
321. Objection to debt set out by debtor.
322. Proceedings on hearing of request.
323. Proceedings when order made.
324. Objections under section 106.
325. Objections after time.
326. Proof under section 106.
327. Proceedings if claim not disputed.
328. Proceedings if claim disputed.
329. Conduct of order.
330. Judgment summons to enforce order.
331. Rescission of order.
332. Effect of rescission.
333. Suspension of order.
334. Second request.
335. Suspension of order pending committal.
336. Calculation of arrears.
337. Payment of debts pari passu.


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RULES
PART V
MISCELLANEOUS
Miscellaneous Matters
338. Falsification of documents.
339. Non lien on debtor's books.
340. Non-compliance with rules.
341. Abridgment or enlargement of time.
342. Saving for existing laws, etc.
PART VI
APPLICATIONS UNDER THE DEBTORS ACT
343. Summons under Debtors Act.
344. Service of judgment summons.
345. Judgment summons where judgment against a firm.
346. Adjournment.
347. Witnesses may be summoned.
348. Insolvent not to be committed.
349. No commitment where adjudication takes place after
order commitment.
350. Discharge of insolvent judgment debtor.
351. Order of commitment.
352. Payment on arrest.
353. Payment in prison.
354. Discharge of prisoner on request of judgment creditor.
355. Certificate of payment.
356. Costs on default of appearance of judgment creditor.
357. Costs of abortive execution not to be included in
judgment summons.
358. Receipt of part of debt after warrant has issued.
SCHEDULE—FORMS.
APPENDIX-FEES
________________
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R.5/8/1901
19/7/1933
4 of 1972
Citation,
commence-
ment and
application.
Interpretation.

INSOLVENCY RULES
made under section 109
PRELIMINARY
1. These Rules may be cited as the Insolvency Rules
and shall come into operation on the 1st October 1901, and
shall, as far as practicable, apply to all matters arising, and to
all proceedings taken, in any matters under the Act on and
after the said day. In any insolvency proceedings pending at
the commencement of these rules the assignee shall account
for all his proceedings and transactions subsequent to such
commencement in accordance with the Act and these rules.
2. In these Rules—
“assignee" includes the assignee appointed under a
composition or scheme of arrangement, under
which an assignee is appointed to administer a
debtor's property or manage his business; and also
includes the Official Receiver when acting as or
when being assignee;
“the Court" includes a judge when exercising the powers
of the Court to the Act;
“creditor” includes a corporation and a firm of creditors
in partnership;
“debtor" includes a firm of debtors in partnership and
includes any debtor proceeded against under the
Act whether adjudged insolvent or not;
“Form” means Form in the Schedule to these Rules;
“Full Court” means Full Court of the High Court;
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Computation
of time
[4 of 1972]

Use of forms in
Schedule.
“name” of a person means both the forename, or the
initial letter or contraction of the forename, and the
surname of such person or that name by which such
person is usually known;
“publish” means publish in the Gazette and one other
newspaper published in Guyana;
“scheme” means a scheme of arrangement pursuant to
the Act;
“sealed” means sealed with the seal of the Court or
Official Receiver;
“solicitor” includes barrister-at-law.
3. (1) Section 121 of the Act shall apply to these Rules
(2) Whereby the Act or these Rules the time limited
for doing any act or thing is less than seven days, any public
holiday and any other day on which the office of the Registrar
of the Court is closed, shall be excluded in computing such
time.
FORMS
4. (1) The forms in the Schedule, where applicable,
and where they are not applicable, forms of the like character,
with such variations as circumstances may require, shall be
used. Where such forms are applicable any costs occasioned
by the use of any other or more prolix forms shall be borne by
or disallowed to the party using the same, unless the Court
shall otherwise direct:
Provided that the Minister may from time to time
alter any forms which relate to matters of an administrative,
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Matters to be
heard in Court.

and not of a judicial, character, or substitute new forms in lieu
thereof.
(2) Where the Minister alters any form or
substitutes any new form in lieu of a form prescribed by these
Rules, such altered or substituted form shall be published in
the Gazette.
PART I
COURT PROCEDURE
Court and Chambers
5. The following matters and applications shall be
heard and determined in open court:
(a) the public examination of debtors;
(b) applications to approve a composition or
scheme of arrangement;
(c) applications for orders of discharge or
certificates of removal of disqualifications;
(d) appeals from Official Receiver or assignee to
the Court;
(e) applications under sections 35, 61 and 62 of
the Act;
(f) applications to set aside or avoid any
settlement, conveyance, transfer, security or
payment, or to declare for or against the title
of the assignee to any property adversely
claimed;
(g) applications for the committal of any person
to prison for contempt;
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Adjournment
from chambers
to Court, and
vice versa

Proceedings
how intituled.

(h) appeals against the rejection of a proof, or
applications to expunge or reduce a proof,
where the amount in dispute exceeds $100;
(i) applications for the trial of issues of fact, and
the trial of such issues;
(j) applications by an assignee for directions;
(k) applications to commit under the Debtor's
Act.
Any other matter or application may be heard and
determined in chambers.
6. Subject to the Act, any matter or application may, at
any time, if the judge thinks fit, be adjourned from chambers
to court or from court to chambers; and if all the contending
parties require any matter or application to be adjourned
from chambers into court it shall be so adjourned.
PROCEEDINGS
7. (1) Every proceeding in Court under the Act shall be
dated, and shall be intituled "In Insolvency", and with the
name of the Court, and of the matter to which it relates. Numbers
and dates may be denoted by figures.
(2) All applications and orders shall be intituled ex parte
the applicant.
(3) The first proceeding in every matter shall have a
distinctive number assigned to it by the Registrar, and all
subsequent proceedings in the same matter shall bear the same
number.
(4) When the matter is transferred from one country to
another it shall receive a new distinctive number.
Form 1.
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Form 1

Written or
printed
proceedings.

Records of the
Court.
Notices to be in
writing.
Process to be
sealed.
Meetings
summoned by
Court.
(5) Form 1 shall be used, with such variations or
additions as circumstances may require.
8. All proceedings in the Court shall be written in black
or blue upon thick white foolscap paper of good quality with
an inner margin of not less than two inches, and an outer
margin of about half an inch, and a space of not less than half
an inch shall be left between each line, but no objection shall
be allowed to any proof, affidavit, or proxy on account of its
being written on other paper.
9. All proceedings in insolvency in the Court shall
remain of record in the Court, so as to form a complete record of
each matter, and they shall not be removed for any purpose,
except for the use of the officers of the Court or by special
direction of a judge or the Registrar, but they may at all
reasonable times be inspected by the assignee, the debtor, and
any creditor who has proved, or any person on their behalf, on
payment of the prescribed fee.
10. All notices required by the Act shall be in writing
unless these Rules otherwise provide or the Court shall in any
particular case be in writing otherwise order.
11. All summonses, petitions, notices, orders,
warrants, and other process issued by the Court in
proceedings in insolvency shall be sealed.
12. Where the Court orders a general meeting of
creditors to be summoned under rule 5 of the First Schedule
to the Act, it shall be summoned as the Court directs, and in
default of any direction the Registrar shall transmit a sealed
copy of the order to the Official Receiver or assignee, as the
case may be, who shall, not less than seven days before such
meeting, publish a copy thereof.
Written or
printed
proceedin
gs.
Records
of the
Court.
Notices to
be in
writing.
Process to
be sealed.
Meetings
summoned
by Court
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Office copies.

Filing
gazetting, etc.

Notice to
creditors
Form 22
Applications to
be by motion.
13. All office copies of petitions, proceedings,
affidavits books, office papers, and writings remaining in the
Registrar's Office required by the Official Receiver, any
assignee, any debtor, or by any creditor or by the solicitor of
any such person, shall be provided by the Registrar on
payment of the prescribed fees and shall, except as to figures,
be fairly written at length, and be sealed and delivered out
without any unnecessary delay, and in the order in which
they shall have been bespoken.
14. (1) The Registrar shall, whenever the Gazette
contains any, advertisement relating to any matter under the
Act in Court, with the proceedings in the matter a
memorandum referring to and giving the date of such
advertisement.
(2) In the case of an advertisement in a local paper,
the Registrar shall in like manner file a memorandum
referring to and giving the date of such advertisement.
(3) The memorandum by the Registrar shall be
prima facie evidence that the advertisement in question was
duly inserted in the issue of the Gazette or paper to which the
memorandum refers.
TRANSFER OF PROCEEDINGS
15. Where the judge certifies that in his opinion
proceedings would be more advantageously conducted in
some other county, the Registrar shall transmit a copy of such
certified opinion to the Official Receiver and the assignee, if
any, and the proceedings shall thereupon be transferred.
MOTIONS AND PRACTICE
16. Every application to the Court (unless otherwise
provided by these Rules, or the Court shall in any particular
case otherwise direct) shall be made by motion supported by
Office
copies.
Filing
gazetting,
ect.
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Notice of
motion and
ex parte
applications

Length of
notice.

Evidence on
motion.
affidavit.
17. Where any party other than the applicant is
affected by the motion, no order shall be made unless upon
the consent of such party duly shown to the Court, or upon
proof that notice of the intended motion and a copy of the
affidavit in support thereof, have been duly served upon such
party:
Provided that the Court, if satisfied that the delay by
proceeding in the ordinary way would or might entail serious
mischief, may make any order ex parte upon such terms as to
costs and otherwise, and subject to such undertaking, if any,
as the Court may think just; and any party affected by such
order may move to set it aside.
18. Unless the Court gives leave to the contrary,
notice of motion shall be served on any party to be affected
thereby, if resident in Georgetown, not less than four days,
and if resident elsewhere, not less than eight days, before the
day named in the notice for hearing the motion. An
application for leave to serve short notice of motion shall be
made ex parte,.
19. Every motion shall be supported by an affidavit,
but the mover may at the hearing adduce oral evidence in
support thereof. Every person opposing a motion may use
affidavits in opposition to the motion or may adduce oral
evidence. Where the applicant intends to adduce oral
evidence he shall state in his notice of motion his intention to
do so, and the facts he intends so to establish. Where the party
opposing the motion intends to adduce oral evidence he shall
give notice to the applicant of his intention to do so, not later
than the day before the day appointed for the hearing and
shall in such notice state the facts he intends to prove. He
shall also file a copy of such notice with the Registrar not later
than the day before the day appointed for the day of hearing.
The Court may on such terms as it thinks fit permit evidence
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Notice not
served on all
proper parties.

Adjournment.

Personal
service.

Filing affidavits
on showing
cause.
Endorsement
on affidavits.
to be given on any motion although the proper notice has not
been given. Where the respondent intends to use affidavits in
opposition to the motion he shall file such affidavits with the
Registrar and deliver copies of such affidavits to the applicant
not less than one day before the day appointed for the
hearing, but the Court may on such terms as it thinks fit
permit either of the parties to use affidavits which may not
have been filed or of which copies have not been served.

20. If on the hearing of any motion or application the
Court shall be of opinion that any person to whom notice has
not been given ought to have had such notice, the Court may
either dismiss the motion or application, or adjourn the
hearing thereof in order that such notice may be given upon
such terms, if any, as the Court may think fit to impose.
21. The hearing of any motion or application may
from time to be adjourned upon such terms (if any), as the
Court shall think fit.
22. In cases in which personal service of any notice of
motion or of any order of the Court is required, the same shall
be effected in the case of a notice of motion, by delivering to
the party or parties to be served, and each of them a copy of
the notice of motion, and in the case of an order, by delivering
to the party or parties to be served, and each of them, a sealed
copy of the order.
23. Every affidavit to be used in supporting or
opposing any piling opposed motion, shall be filed with the
Registrar not later than the day before the day appointed for
the hearing.
24. The Registrar upon any affidavit being left with
him to be filed, shall endorse the same with the day of the
month and the year when the same was so left, and forthwith
file the same with the proceedings to which the same relates,
and any affidavit left with the Registrar to be filed, shall on no
Notice not
served on
all
proper
parties
Adjour-
ment.
Personal
service.
Filing
affidavit
on
showing
case.
Endorsem
ent
on
affidavits.
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Notice of
motion to be
filed.

Precedence of
motion.
Security by
bond.
Amount of
bond.

Deposit in lieu
of bond.
Money lodged
in Court.
account be delivered out to any person, except by order of the
Court.
25. A party intending to move shall one clear day
previous to the sitting of the Court deliver to the Registrar a copy
of his notice of motion. There shall be endorsed on such copy the
name of the applicant's solicitor and counsel (if any), and also (if
known) the name of the respondent's solicitor and counsel (if
any).
26. Except in cases of emergency, or for any other
cause deemed sufficient by the Court, all motions shall be
made and heard in the order in which they are set down at
the sitting of the Court
SECURITY IN COURT
27. Except where these Rules otherwise provide,
where a person is required to give security, such security shall
be in the form of a bond, with one or more surety or sureties
to the person proposed to be secured.
28. The bond shall be taken in a penal sum which shall
be not less than the sum for which security is to be given, and
probable costs, unless the opposite party consents to its being
taken for a less sum
29. Where a person is required to give security he
may, in lieu thereof, lodge in Court a sum equal to the sum in
question in respect of which security is to be given and the
probable costs of the trial of the question by an act of deposit
to be approved of by the Registrar and to be signed by such
person, his solicitor, or agent, setting forth the conditions on
which the money is deposited.
30. The rules for the time being in force in the High
Court relating to payment into and out of Court of money
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Guarantee
Society.
Notice of
sureties.
Form 20

Justification by
sureties.
Form 21.
Execution of
bond.
Notice of
Deposit.


Cost if
irrelevant or
prolix.

Form.
lodged in Court by way of security for costs shall apply to
money lodged in Court under these Rules.
31. The security of a guarantee association or society
approved by the Court or the opposite party may be given in
lieu of a bond or a deposit.
32. In all cases where a person proposes to give a
bond by way of security, he shall serve, by post or otherwise,
on the opposite party and on the Registrar at the Court, notice
of the proposed sureties, which shall be in Form 20, and the
Registrar shall forthwith give notice to both parties of the
time and place at which he proposes that the bond shall be
executed, and shall state in the notice that, should the
proposed obligee have any valid objection to make to the
sureties, or either of them, it must be made at that time.
33. Where any objections are filed as to their
sufficiency the sureties shall make an affidavit of their
sufficiency (which shall be Form 21) and such sureties shall
attend the Court to be cross-examined if required.
34. The bond shall be executed and attested in the
presence of the Registrar.
35. Where a person makes a deposit of money in
lieu of giving a bond, he shall forthwith give notice to the
person to whom the security is to be given of such deposit
having been made.
AFFIDAVITS
36. The costs of every affidavit which shall
unnecessarily set forth matters of hearsay, or argumentative
matter, or copies of or extracts from documents, shall be paid
by the party filing the same.
37. Every affidavit shall be drawn up in the first
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Deponent’s
description.

Several
deponents.
Scandalous
matter.

Erasures, etc.


Blind or
illiterate
person.
person, and shall be divided into paragraphs, and every
paragraph shall be numbered consecutively, and as nearly as
may be shall be confined to a distinct portion of the subject.
No costs shall be allowed for any affidavit or part of an
affidavit substantially departing from this rule.
38. Every affidavit shall state the description and true
place of abode of the deponent.
39. In every affidavit made by two or more
deponents the names of the several persons making the
affidavit shall be inserted in the jurat, except that if the
affidavit of all the deponents is taken at one time by the same
officer it shall be sufficient to state that it was sworn by both
(or all) of the "above-named" deponents.
40. The Court may order to be struck out from any
affidavit any matter which is scandalous, and may order the
costs of any application to strike out such matter to be paid as
between solicitor and client.
41. No affidavit having in the jurat or body thereof
any interlineation, alteration, or erasure shall without leave of
the Court be read or made use of in any matter depending in
Court unless the interlineation or alteration (other than by
erasure) is authenticated by the initials of the officer or person
taking the affidavit nor in the case of an erasure unless the
words or figures appearing at the time of taking the affidavit
to be written on the erasure are rewritten and signed or
initialled in the margin of the affidavit by the officer or person
taking it.
42. Where an affidavit is sworn by any person who
appears to the person taking the affidavit to be illiterate or
blind, the person taking the affidavit shall certify in the jurat
that the affidavit was read in his presence to the deponent,
that the deponent seemed perfectly to understand it, and that
the deponent made his signature in the presence of such
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Formal defects.

Office copies.
Swearing
affidavits
Time for
filing
Proof of
affidavits.

Citations.
person. No such affidavit shall be used in evidence in the
absence of this certificate, unless the Court is otherwise
satisfied that the affidavit was read over to and appeared to
be perfectly understood by the deponent.
43. The Court may receive any affidavit sworn for the
purpose of being used in any matter notwithstanding any
defect by misdescription of parties or otherwise in the title or
jurat, or any other irregularity in the form thereof, and may
direct a memorandum to be made on the document that it has
been so received.
44. An office copy of an affidavit may in all cases be
used, the original affidavit having been previously filed and
the copy duly authenticated with the seal of the Court
45. No affidavit (other than a proof of debt) shall be
sufficient if sworn before the solicitor acting for the party on
whose behalf the affidavit is to be used, or before any agent,
clerk or partner of such solicitor, or before the party himself.
46. (1) Where a special time is limited for filing
affidavits, no affidavit filed after that time shall be used,
unless by leave of the Court.
(2) Except by leave of the Court no order made ex
parte in Court founded on any affidavit shall be of any force
unless the affidavit on which the application was made was
actually made before the order was applied for, and produced
or filed at the time of making the motion.
47. The Court shall take judicial notice of the seal or
signature of any person authorised by or under the Act to
take affidavits or to certify to such authority.
WITNESSES AND DEPOSITIONS
48. (1) A citation for the attendance of a witness shall
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Limit of
witnesses’ costs

Costs of
witness not
examined.
Deposition, etc.
Shorthand
notes, etc.
Forms 31 and
32.
on the payment of the prescribed fees be issued by the
Registrar at the instance of the Official Receiver, an assignee, a
creditor, a debtor, or any applicant or respondent in any
matter, with or without a clause requiring the production of
books, deeds, papers, documents, and writings, in his
possession or control
(2) A copy of the citation shall be served in the
customary manner within a reasonable time before the return
thereof.
49. The Court may in any matter limit the number of
witnesses to be allowed on taxation of costs, and their
allowance for attendance shall in no case exceed the highest
rate of the allowances mentioned in the scale of costs.
50. The costs of witnesses, whether they have been
examined or not, may, in the discretion of the Court, be
allowed.
51. The Court may, in any matter where it shall
appear necessary for the purposes of justice, make an order
for the examination upon oath before the Court or any officer
of the Court, or any other person and at any place, of any
witness or person, and may empower any party to any such
matter to give such deposition in evidence therein on such
terms (if any) as the Court may direct.
52. If the Court shall in any case, and at any stage in
the proceedings, be of opinion that it would be desirable that
a person than the person before whom the examination is
taken) should be appointed to take down the evidence of the
debtor, or of any witness examined at any public sitting or
private meeting under the Act, or examined in any
proceeding under the Act, in shorthand or otherwise, it shall
be competent for the Court to make such an appointment; and
every person so appointed shall be paid a sum not exceeding
ten dollars a day, and where the Court appoints a shorthand
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Form of
commission.

Production of
commission.

Disobedience
to order.

Conduct
money
Discovery.
writer a sum not exceeding sixteen cents per folio of seventy-
two words for any transcript of the evidence that may be
required, and such sums shall be paid by the party at whose
instance the appointment was made, or out of the estate, as
may be directed by the Court.
53. An order for a commission to examine witnesses
and the writ of commission shall follow the forms for the time
being in use in the High Court, with such variations as
circumstances may require.
54. The Court may in any matter at any stage of the
proceedings order the attendance of any person for the
purpose of producing any writings or other documents
named in the order which the Court may think fit to be
produced.
55. Any person willfully disobeying any order or
citation requiring his attendance for the purpose of being
examined or producing any document which the Court may
think fit to be produced shall be deemed guilty of contempt of Court, and may be dealt with accordingly.
56. Any witness (other than the debtor) required to
attend for the purpose of being examined, or of producing
any document, shall be entitled to the like allowances as upon
attendance at a trial in Court, under the Rules of the High
Court.
DISCOVERY
57. Any party to any proceeding in Court may, with
the leave of the Court, administer interrogatories to, or obtain
discovery of documents from, any other party to such
proceeding. Proceedings under this rule shall be regulated as
nearly as may be by the Rules of the High Court for the time
being in force in relation to discovery and inspection. An
application for leave under this rule may be made ex parte.
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Applications
for discovery.
Form 130

Notice of
application to
insolvent
Form 116

Notice to
Minister.

Notice of order.

Review of
order
DISCOVERY OF DEBTOR'S PROPERTY
58. Every application to the Court under section 28 of
the Act shall be in writing, and shall state shortly the grounds
upon which the application is made; and where the
application is not made on behalf of the Official Receiver or
assignee, it shall be verified by affidavit. The application may
be made as regards several persons at the same time. The
summons shall be in Form 130 with such variations and
additions as the circumstances may require.
APPROPRIATION OF PAY, SALARY, PENSIONS, ETC.
59. When the assignee intends to apply to the Court
for an appropriation order under section 50 of the Act, he
shall give notice of his intention to the insolvent, and also of
the time and place fixed for hearing the application, and that
the insolvent is at liberty to show cause against such order
being made.
The notice shall be Form 116, with such variations as
circumstances may require.

60. When the application is made under section 50(1)
of the Act, a copy of the proposed order shall be sent by the
Registrar to the Minister responsible for the public service,
and the application shall stand adjourned until the written
statement of the said Minister is obtained as required by the
Act
61. Where an order is made under section 50(2) of the
Act, the Registrar shall give to the assignee a sealed copy of
the order, who shall communicate the same to the chief of the
department or other person under whom the pay, half-pay,
salary, income, emolument, pension or compensation is enjoyed.
62. Where an order has been made for the payment by an
insolvent, or by his employer for the time being, of a portion of
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To whom
warrants
addressed Form
127 ,128, 141
and 142.
Custody of
debtor Forms
129, 143 and 144.
Applications to
commit. Form
131, 132, 136
and 137
Notice and
hearing of
application.
Forms 134, 136
and 138.
his income or salary, the insolvent may, upon his ceasing to
receive a salary or income of the amount he received when the
order was made, apply to the Court to rescind the order, or to
reduce the amount ordered to be paid by him to the assignee.
WARRANTS, ARRESTS AND COMMITMENTS
63. A warrant of seizure or a search warrant or any other
warrant issued under the Act, shall be addressed to the Registrar
or such officer as the Court directs.
64. Where a debtor is arrested under a warrant issued
under section 26 of the Act, he shall be given into the custody of
the keeper of the prison mentioned in the warrant, who shall
produce such debtor before the Court as it may from time to time
direct, and shall safely keep him until such time as the Court shall
otherwise order, and any books, papers, moneys, goods and
chattels in the possession of the debtor, which may be seized shall
forthwith be lodged with the Official Receiver or assignee as the
case may be.
65. An application to the Court to commit any person
who shall disobey any process or order or direction of the Court,
or commit any other contempt shall be supported by affidavit, to
be filed in Court.
66. Subject to the Act and these Rules, upon the filing of
such application, the Registrar shall fix a time and place for the
Court to hear the application, and shall issue a notice to be served
by the marshal on the person sought to be attached personally
three days at least before the day of hearing the application,
unless the Court shall, by order upon good cause shown, shorten
the length of notice to be given or direct service of the notice to be
made by advertisement or in some other manner, in which case it
shall be served in the manner so directed.

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Attachment
against debtor
or assignee.
Forms 135, 139
and 140.
Address of
solicitor for
service.


Address for
service in
other cases.

Hours for
service.

67. Where an order of committal is made against a
debtor or against an assignee for disobeying any order of the
Court or of the Official Receiver to do some particular act or thing
the Court may direct that the order of committal shall not be
issued, provided the debtor or assignee, as the case may be,
complies with the previous order in a specified time.
SERVICE AND EXECUTION OF PROCESS
68. Every solicitor out or serving any petition, notice,
summons, order, or other document, shall endorse thereon his
name or firm and place of business, which shall be called his
address for service. All notices, orders, documents, and other
written communications which do not require personal service
shall be deemed to be sufficiently served on such solicitor if left
for him at his address for service.
69. Every person suing out or serving any process on his
own behalf shall endorse thereon his name and address for
service which shall be his address for service and shall be within
one mile of a Registrar's Office. All notices, orders, documents,
and other written communications which do not require personal
service shall be deemed sufficiently served, if served at such
address or left for him at his address for service or if no such
address be endorsed if left for him at the Registrar's Office.
70. Service of notices, orders, or other proceedings shall
be effected before the hour of six in the afternoon, except on
Saturdays, when it shall be effected before the hour of two in the
afternoon. Service effected after six in the afternoon on any
weekday, except Saturday, shall for the purpose of computing
any period of time subsequent to such service be deemed to have
been effected on the following day. Service effected after two in
the afternoon on Saturday shall for the like purpose be deemed to
have been effected on the following Monday.

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Duties of
Registrar or
marshal.

Service by post.

Enforcement of
orders.
Sittings.
Weekly.

Full Court.
Registrar’s
Office.
[R.19/7/1933]
Execution on
orders.

Awarding
costs.
71. It shall be the duty of the Registrar or marshal to
serve such orders, summonses, petitions, and notices as the Court
may require him to serve; to execute warrants and other process;
to attend any sittings of the Court (except sittings in chambers);
and to do and perform all such things as may be required of him
by the Court.
72. Where notice of any order or other proceeding in
Court may be served by post it shall be sent by registered letter.
73. Every order of the Court may be enforced as if it were
a judgment of the Court to the same effect.
RULES RELATING TO THE BUSINESS OF THE COURT
74. The Chief Justice shall regulate the sittings and
vacations of the Court.
75. The Court shall sit for the disposal of business as often
as occasion may require and in Georgetown at least one day in
each week, if there is any business to dispose of.
76. The Full Court shall sit for the disposal of business at
least once in each month of the year, if there is any business to
dispose of.
77. The Registrar's Office on Saturdays shall be closed
for business at 11 o'clock forenoon.
78. Writs of execution shall issue from the Registrar's
Office, and all proceedings thereon and in relation thereto shall be
regulated as nearly as may be by the Rules of the High Court for
the time being in force in relation to execution.
COSTS
79. (1) The Court in awarding costs may direct that the
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Orders to be
sealed, etc.

Taxation.

Scales of costs
and charges.
Lower scale of
costs of estates
under $1,000.
costs of any matter or application shall be taxed and paid as
between party and party or as between solicitor and client, or that
full costs, charges, and expenses shall be allowed, or the Court
may fix a sum to be paid in lieu of taxed costs.
(2) In the absence of any express direction costs of an
opposed motion shall follow the event, and shall be taxed as
between party and party.
(3) Where an action is brought against the Official
Receiver or an assignee as representing the estate of the debtor or
where the Official Receiver or assignee is made a party to a cause
or matter, on the application of any other party thereto, he shall
not be personally liable for costs unless the Court otherwise
directs.
80. Every order for payment of money and costs, or
either of them, shall be sealed, and be signed by the Registrar,
and shall be forthwith filed with the proceedings.
81. The costs directed by any order to be paid shall be
taxed by the Registrar on production of a certified copy of such
order.
82. (1) The scale of costs set forth in the Appendix shall,
subject to these Rules, apply to the taxation and allowance of
costs and charges in all proceedings under the Act and these
Rules.
(2) Where the estimated assets of the debtor do not
exceed the sum of one thousand dollars, a lower scale of
solicitor's costs of shall be allowed, namely, three-fifths of the
charges ordinarily allowed in all proceedings under the Act in
which costs are payable out of the estate, disbursements being
added, and if in error any charges have been allowed or paid on
the higher scale, and the gross proceeds of the assets shall be
ascertained not to exceed one thousand dollars the excess shall be disallowed, and, if paid, shall be repaid to the assignee.
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Readjustment
of costs.

case of petition
by debtor.

Costs paid
otherwise than
out of estate.

Bill of cost to be
filed.

Form 124.

Certificate of
employment.
(3) Where the assets of a debtor have been estimated
as likely or not likely to exceed the sum of one thousand dollars
and the gross proceeds of the assets are, after taxation and
payment of the costs, ascertained to be less than the amount at
which they have been certified, the bill of costs shall, on the
application of the assignee, be re-taxed, and the amount
disallowed on such re-taxation shall, if paid, be refunded to the
assignee. No fee shall be chargeable on such re-taxation.
83. The attorney-at-law in the matter of an insolvency
petition presented by the debtor against himself shall, in his bill of
costs, give credit for such sum, or security (if any) as he may have
received from the debtor, by way of deposit on account of the
costs and expenses to be incurred in and about the filing and
prosecution of such petition.
84. When a bill of costs is taxed under any special order
of the Court, and it appears by such order that the costs are to be
paid otherwise than out of the estate of the insolvent, the taxing
officer shall specially note upon the order by whom, or the
manner in which, such costs are to be paid.
85. Upon the taxation of any bill of costs, charges, or
expenses being completed, the Registrar shall forthwith file such
bill with the proceedings in the matter, and shall thereupon issue
to the person presenting such bill for taxation his certificate of
taxation, which may be in Form 124.
86. Before taxing the bill or charges of any solicitor,
manager, accountant, auctioneer, broker or other person
employed by the Official Receiver or an assignee, the taxing
officer shall require a certificate in writing signed by the Official
Receiver or assignee, as the case may be, to be produced to him,
setting forth whether, any and if so what, special terms of
remuneration have been agreed to, and in the case of the bill of
costs of a solicitor a copy of the resolution or proper authority
sanctioning the employment.
law costs in
Attorney's-at-
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Notice of
appointment.


Application for
cost.
Lodgment of
bill.

Copy of bill.
Form 123.
87. Every person whose bill or charges is or are to be
taxed shall in all cases give not less than two days' notice of the
appointment to tax the same to the Official Receiver and to the
assignee (if any).
88. Where any party to, or person affected by, any
proceeding desires to make an application for an order that he
be allowed his costs, or any part of them, incident to such
proceeding, and such application is not made at the time of the
proceeding –
(a) such party or person shall serve notice of his
intended application on the Official Receiver
and, if an assignee has been appointed, on the
assignee;
(b) the Official Receiver and assignee may appear
on such application and object thereto;
(c) no cost of or incident to such application shall
be allowed to the applicant, unless the Court is
satisfied the application could not have been
made at the time of the proceeding.
89. The bill or charges, if incurred prior to the
appointment of an assignee shall be lodged with the Official
Receiver, and if incurred after the appointment of an assignee,
shall be lodged with the assignee two clear days before the
application for the appointment to tax the same is made. The
Official Receiver or the assignee, as the case may be, shall
forthwith, on receiving notice of taxation, lodge such bill or
charges with the proper taxing officer.
90. Every person whose bill or charges is or are to be
taxed shall, on application either of the Official Receiver or the
assignee, furnish a copy of his bill or charges so to be taxed, on
payment at the rate of 8 cents per folio, which payment may be
charged to the estate. The Official Receiver shall call the attention
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Priorty of costs
and charges
payable out of
estates.
of the assignee to any items which, in his opinion, ought to be
disallowed or reduced.
91. Subject to sections 43 and 44 of the Act, the assets in
any instance remaining after payment of the cost of the expenses
properly incurred in realizing the same or in carrying on the
plantation or business from which the same are obtained and all
fees and commissions payable to the Official Receiver, shall,
subject to any order of the Court, be liable to the following
payments, which shall be paid in the following order of priority:
First: the actual expenses incurred by the Official
Receiver in protecting the property or assets of the
debtor, or any part thereof, and any expenses or
outlay incurred by him or by his authority in carrying
on the business of the debtor;
Next: any other costs, charges and expenses properly
incurred or authorised by the Official Receiver,
including the cost of a shorthand writer's notes
where such writer is appointed in accordance
with these Rules;
„ the deposit or deposits lodged by the
petitioning credit-or pursuant to these Rules;
„ the deposit or deposits lodged on any
application for the appointment of an interim
receiver;
Next: the remuneration of the special manager (if
any);
„ the taxed costs of the petitioner;
„ the taxed costs of any creditor appearing at
the public examination if the Court considers
that any information material to matters which
required investigation has been elicited by
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Disallowance
of costs of
unnecessary
petition.
such creditor;
„ the remuneration and charges of the person
(if any) appointed to assist the debtor in the
preparation of his statement of affairs;
“ any allowance made to the debtor by the
Official Receiver;
“ taxed charges of any shorthand writer
appointed by the Court;
“ the assignee's necessary disbursements
other than actual expenses of realization
heretofore provided for;
“ the costs of any person properly employed
by the assignee with the sanction of the
Committee of Inspection;
“ any allowance made to the debtor by the
assignee with the sanction of the Committee of
Inspection;
“ the remuneration of the assignee;
“ the actual out of pocket expenses
necessarily incurred by the Committee of
Inspection subject to the approval of the Court.
92. In any case in which, after an insolvency petition has
been presented by a creditor against a debtor, and before the
hearing of such petition, the debtor files a petition, and a
receiving order is made on the petition of the debtor, unless in the
opinion of the Court the estate has benefited thereby, or there are
special circumstances which make it just that such costs should be
allowed, no costs shall be allowed to the debtor or his solicitor out
of the estate.
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Apportion-
ment of costs in
case of
partnership.
Costs out of
joint or
separate
estates.
93. In the case of an insolvency petition against a
partnership the costs payable out of the estates incurred up to
and inclusive of the receiving order shall be apportioned between
the joint and separate estates in such proportions as the Official
Receiver may in his discretion determine.
94. (1) Where the joint estate of any co-debtors is
insufficient to defray any costs or charges properly incurred prior
to the appointment of the assignee, the Court on the application
of the Official Receiver or assignee may direct the payment of
such costs or charges out of the separate estates of such co-
debtors, or one or more of them, in such proportions as in its
discretion the Court may think fit. The Court may also, on the like application as in its discretion it may think fit, direct the
assignee to pay any costs or charges properly incurred, prior to
the appointment of the assignee, for any separate estate out of the
joint estate or out of any other separate estate, and any part of the
costs or charges of the joint estate incurred prior to the
appointment of the assignee which affects any separate estate out
of that separate estate.
(2) Where the joint estate of any co-debtors is
insufficient to defray any costs or charges properly incurred after
the appointment of the assignee, the assignee, with such consent
as is hereinafter mentioned, may pay such costs or charges out of
the separate estates of such co-debtors, or one or more of them.
The assignee, with the said consent, may also pay any costs or
charges properly incurred for any separate estate, after his
appointment, out of the joint estate, and any part of the costs or
charges of the joint estate incurred after his appointment which
affects any separate estate out of that separate estate. No payment
under this rule shall be made out of a separate estate or joint
estate by an assignee without the consent of the Committee of
Inspection of the estate out of which the payment is intended to
be made, or, if such committee withhold or refuse their consent,
without an order of the Court.
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Restrictions on
appeal.

Time for
appeal

Security for
costs of appeal.
APPEALS
95. (1) Except by leave of the Court there shall be no
appeal to the Full Court from any order made by consent, or as to
costs only.
(2) No appeal to the Full Court shall be brought from
any order relating to property when it is apparent from the
proceedings that the money or money's worth involved does not
exceed two hundred and fifty dollars, unless by leave of the
Court.
(3) No appeal shall be brought in respect of the
omission by the Court appealed from to exercise any
discretionary power, unless the Court shall in its judgment, or on
application made at the hearing, have expressly refused to
exercise such power, in which case the refusal may be made a
ground of appeal.
96. Subject to the powers of the Full Court to extend the
time under special circumstances, no appeal to the Full Court
from any order of the Court shall be made after the expiration of
twenty-one days. The said period shall be calculated from the
time at which the order is signed, entered, or otherwise perfected,
or in the case of the refusal of an application, from the date of
such refusal.
97. At or before the time of making an appeal from the
Court, the party intending to appeal shall lodge in the Registrar's
Office the sum of fifty dollars to satisfy, in so far as the same may
extend, any costs that the appellant may be ordered to pay:
Provided that the Full Court may in any special case
increase or diminish the amount of such security or dispense
therewith.

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Notice of
appeal.
Procedure on
appeals.

Application
to rescind
receiving
orders, etc,

Form of
declaration
From 2.
98. Upon receiving notice of an appeal, the Registrar
shall mark thereon the date when received, and forthwith file the
same with the proceedings.
99. Subject to the foregoing rules, appeals to the Full
Court shall be made in the manner and form as laid down in the
Rules of the High Court for the time being in force in relation to
appeals and shall be carried on in accordance with the procedure
laid down in such rules, or in the absence of such rules shall be
decided summarily and as a motion.
RESCISSION OF RECEIVING ORDER, AND AMENDMENT
OF ADJUDICATION
100. An application to the Court to rescind a receiving
order or to stay proceedings thereunder, or to annul an
adjudication, shall not be heard except upon proof that notice of
the intended application, and a copy of the affidavits in support
thereof have been duly served upon the Official Receiver. Unless
the Court gives leave to the contrary, notice of any such
application shall be served on the Official Receiver not less than
seven days before the day named in the notice of hearing the
application. Pending the hearing of the application the Court may
make an interim order staying such of the proceedings as it
thinks fit.
PART II
PROCEEDINGS FROM ACT OF INSOLVENCY TO
DISCHARGE
Declaration of Inability to pay Debts
101. A declaration by a debtor of his inability to pay his
debts shall be dated, signed, and witnessed, and shall be in Form
2, with such variations, as circumstances may require. The
witness shall be a solicitor, or justice of the peace, or the Official
Receiver, or the Registrar.
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Form of notice
Form 5.
Issue of notice
Form 4.

Endorsement
of address, etc.
Form 7
Application to
set aside.
INSOLVENCY NOTICE
102. An insolvency notice shall be in Form 5, with such
variations as circumstances may require
103. A creditor, desirous that an insolvency notice may
be issued, shall produce to the Registrar a certified copy of the
judgment on which the notice is founded, and file the notice,
together with a request for issue, which shall be in Form 4, with
such variations as circumstances may require. The creditor shall
at the same time lodge with the Registrar two copies of the
insolvency notice to be sealed and issued for service.
104. (1) Every notice shall be endorsed with the name
and place of business of the solicitor actually suing out the same,
or if no solicitor be employed, with a memorandum that it is
sued out by the creditor in person.
(2) There shall also be endorsed on every insolvency
notice an intimation to the debtor that if he has a counter-claim,
set-off, or cross-demand which equals or exceeds the amount of
the judgment debt, and which he could not have set up in the
action in which the judgment was obtained he must within the
time specified in the notice file an affidavit to that effect with the
Registrar.
(3) In the case of a notice served in Guyana the time
shall be three days. In the case of a notice served elsewhere the
Registrar when issuing the notice shall fix the time.
105. The filing of such affidavit shall operate as an
application to set aside the insolvency notice, and thereupon the
Registrar shall fix a day for hearing the application, and not less
than three days before the day so fixed shall give notice thereof
both to the debtor and the creditor, or to their respective solicitors
if known. If the application cannot be heard until after the
expiration of the time specified in the notice as the day on which
the act of insolvency will be complete, the Registrar shall extend
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Duration of
notice.

Service of
notice
Form 6.
Setting aside
Notice Form 8.
Form of
petition.
Form 3
Form 9.
Attestation.
Deposit by
petitioner.
the time, and no act of insolvency shall be deemed to have been
committed under the notice until the application has been heard
and determined.
106. Subject to the power of the Court to extend the
time, an insolvency to be served in Guyana shall be served within
one month from the issue thereof.
107. An insolvency notice shall be served, and service
thereof shall be proved in the like manner as is by these rules
prescribed for the service of a creditor's petition.
108. When the Court makes an order setting aside the
insolvency notice it may at the same time declare that no act of
insolvency has been committed by the debtor under such notice.
INSOLVENCY PETITION
109. Every petition shall be fairly written, and no
alterations, interlineations, or erasures shall be made without the
leave of the Registrar except so far as may be necessary to adapt a
printed form to the circumstances of the particular case. A
debtor's petition shall be in Form 3, and a creditor's petition shall
be in Form 9, with such variations as circumstances may require.
110. Every insolvency petition shall be attested by a
solicitor, or by a justice of the peace, or by the Official Receiver, or
the Registrar. If it be attested out of Guyana the witness must be a
judge, or magistrate, or a Guyanese consul or vice-consul, or a
notary public.
111. (1) Upon the presentation of a petition either by the
debtor or by a creditor the petitioner shall deposit with the
Official Receiver the sum of forty-nine dollars, and such further
sum (if any) as the Court may, from time to time direct, to cover
the fees and expenses to be incurred by the Official Receiver
which sum shall be deemed to include the fee payable for the
insolvency petition. No petition shall be received unless the
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Security for
costs.

Verification
and copies.
Forms 11 and
12.
Who to verify.
Joint
petitioners.

Petition to be
investigated.
receipt of the Official Receiver for the deposit payable on the
presentation of the petition is produced to the Registrar.
(2) The Official Receiver shall account for the money
so deposited to the creditor or the debtor's estate, as the case may
be, and any sum so paid by a petitioning creditor shall be repaid
to him (except and so far as such deposit may be required by
reason of insufficiency of assets for the payment of the fees of and
expenses incurred by the Official Receiver) out of the proceeds of
the estate in the priority prescribed by these Rules
CREDITOR'S PETITION
112. A petitioning creditor who is resident abroad, or
whose estate is vested in a trustee or assignee under any law
relating to bankruptcy or insolvency, or against whom a petition
is pending under the Act, or who has made default in payment of
any costs ordered by any court to be paid by him to the debtor,
may be ordered to give security for costs to the debtor.
113. Every creditor's petition shall be verified by
affidavit, and when it is filed there shall be lodged with it two or
more copies to be sealed and issued to the petitioner.
114. When the petitioning creditor cannot himself verify
all the statements contained in his petition, he shall file in support
of the petition the affidavit of some person who can depose to
them.
115. Where a petition is presented by two or more
creditors jointly, it shall not be necessary that each creditor shall
depose to the truth of all the statements which are within his own
knowledge; but it shall be sufficient that each statement in the
petition is deposed to by someone within whose knowledge it is.
116. After the presentation of a creditor's petition, and
before sealing the copies of the petition for service, the statements
in the petition shall be investigated by the Registrar, and where
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Personal
Service.
Substituted
service. Forms
15 and 16.
Proof of service
Form 14.
Service out of
jurisdiction
Forms
15 and 16
Death of
debtor before
service of
petition.
the statement of the act of insolvency in the petition cannot be
verified by affidavit of some person within whose knowledge it is
true, the same may be verified by an affidavit affirming the same
to be true to the best of the deponent's knowledge and belief.
SERVICE OF CREDITOR'S PETITION
117. A creditor's petition shall be personally served by
delivering debtor a sealed copy of the filed petition.
118. A petition shall be served upon the debtor by a
marshal or by the creditor or his solicitor, or by some person in
their employ; provided that if personal service cannot be effected,
the Court may extend the time for hearing the petition, or if the
Court is satisfied by affidavit or other evidence on oath that the
debtor is keeping out of the way to avoid such service, or service
of any other legal process, or that for any other cause prompt
personal service cannot be effected, it may order substituted
service to be made by delivery of the petition to some adult
inmate at his usual or last known residence or place of business,
or by registered letter, or in such other manner as the Court may
direct, and that such petition shall then be deemed to have been
duly served on the debtor.
119. Service of a petition shall be proved by the return of
the marshal or by affidavit, with a sealed copy of the petition
attached, which shall be filed in Court forthwith after the service.
120. Where a debtor petitioned against is not in Guyana,
the Court may order service to be made within such time and in
such manner and form as it shall think fit.
121. If a debtor against whom an insolvency petition has
been filed dies before service thereof, the Court may order service
to be effected on the executor or other representative of the
debtor, or on such other persons as the Court may think fit.

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Proceedings on
petition.

Time of
hearing.
Several
respondents.

Debtor
intending to
show cause
Form 17.
HEARING OF PETITION
122. (1) Where a petition is filed by a debtor, the Court
shall forthwith make a receiving order thereon.
(2) A creditor's petition shall not be heard until the
expiration of eight days from the service thereof:
Provided that where the act of insolvency alleged is that the
debtor has filed a declaration of inability to pay his debts, or
where it is proved to the satisfaction of the Court that the debtor
has absconded, or in any other case for good cause shown, the
Court may, on such terms, if any, as it may think fit to impose,
hear the petition at such earlier date as it may deem expedient.
123. The Registrar shall appoint the time and place at
which the petition will be heard, and notice thereof shall be
written on the petition and sealed copies, and where the petition
has not been served, the Registrar may from time to time alter the
first day so appointed and appoint another day and hour.
124. Where there are more respondents than one to a
petition the rules as to service shall be observed with respect to
each respondent, but where all the respondents have not been
served, the petition may be heard separately or collectively as to
the respondents or such of the respondents as has or have been
served, and separately or collectively as to the respondents not
then served according as service upon them is effected.
125. Where a debtor intends to show cause against a petition he shall file a notice with the Registrar specifying the
statements in the petition which he intends to deny or dispute,
and deliver or transmit by post to the petitioning creditor or his
solicitor, if known, a copy of the notice three days before the day
on which the petition is to be heard. The filing or service of this
notice shall only affect the question of costs, and the debtor may
at the hearing of the petition dispute any fact although no such
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Non-
appearance of
debtor.
Appearance of
debtor to show
cause.
Form 23.
Non-
appearance of
creditor.


Personal
attendance of
creditor
dispensed with.
Proceedings
after trial of
disputed
question.
notice may have been filed or served.
126. If the debtor does not appear at the hearing, the
Court may make a receiving order on such proof of the
statements in the petition as it shall think sufficient.
127. On the appearance of the debtor to show cause
against the petition, the petitioning creditor's debt, and act of
insolvency, or such of those matters as the debtor shall have
given notice that he intends to dispute, shall be proved, and if any
new evidence of those matters, or any of them, shall be given, or
any witness or witnesses to such matter shall not be present for
cross-examination, and further time shall be required to show
cause, the Court shall, if it thinks the application reasonable, grant
such further time as it may think fit.
128. If any creditor neglects to appear on his petition no
subsequent petition against the same debtor or debtors, or any of
them, either alone or jointly with any other person, shall be
presented by the same creditor in respect of the same act of
insolvency without the leave of the Court.
129. The personal attendance of the petitioning creditor
and of the witness or witnesses to prove the debt and act of
insolvency, or other material statements, upon the hearing of the
petition, may, if the Court shall think fit, be dispensed with.
130. Where proceedings on a petition have been stayed
for the trial of the question of the validity of the petitioning
creditor's debt, and such question has been decided in favour of
the validity of the debt, the petitioning creditor may apply to the
Registrar to fix a day on which further proceedings on the
petition may be had, and the Registrar on being satisfied that
such decision has been obtained shall give notice to the petitioner
by post of the time and place fixed for the hearing of the petition,
and a like notice to the debtor at the address given in his notice to
dispute, or to their respective solicitors if known.
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Application to
dismiss.

Application
for extension
of time.

Order for
extension of
time. Form 23
Further
adjournment
Form 23.

Interim
receiver.
Form 13
131. Where proceedings on a petition have been stayed
for the trial of the question of the validity of the petitioning
creditor's debt, and such question has been decided against the
validity of the debt, the debtor may apply to the Registrar to fix a
day on which he may apply to the Court for the dismissal of the
petition with costs, and the Registrar on being satisfied that such
decision has been obtained shall give notice to both the petitioner
and debtor (or to their respective solicitors, if known) by post of
the time and place fixed for the hearing of the application.
132. An application for extension of time for hearing a
petition shall be in writing, but need not be supported by
affidavit, unless in any case the Court shall otherwise require.
133. On an application for an extension of time for the
hearing of a petition, no order shall be made for an extension
beyond fourteen days from the day fixed for the hearing of the
petition unless the Court is satisfied that such extension of time
will not be prejudicial to the general body of creditors. Any costs
occasioned by such application shall not be allowed out of the
estate unless so ordered by the Court.
134. After the expiration of one month from the day
appointed for the first hearing of a petition (provided such
petition shall have been duly served) no further adjournment of
the hearing merely by consent of the parties shall be allowed,
except for the reasons set forth in rule 127, or for such other
sufficient reasons to be stated in the order for adjournment as the
Court shall think fit, but in every such case, unless an order for
adjournment is made, the Court shall either make a receiving
order or dismiss the petition .
INTERIM RECEIVER
135. After the presentation of a petition, upon the
application of a creditor, or of the debtor himself, and upon proof
by affidavit of sufficient grounds for the appointment of the
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Deposit.

Further
deposit if
necessary.

Repayment of
deposit.

Damages if
petition
dismissed.
Official Receiver as interim receiver of the property of the debtor,
or any part thereof, the Court may, if it think fit, upon such terms
as may seem just, make such appointment, and may authorise
such Receiver to sell any perishable property of the debtor,
subject to such terms and conditions as may seem just.
136. Before any such order is issued the person who has
made the application therefor shall deposit with the Official
Receiver the sum of twenty-five dollars towards the prescribed
fees and commissions for the Official Receiver and such further
sum as the Court shall direct for the expenses which may be
incurred by him.
137. If the sum of twenty-five dollars and such further
sum so to be deposited for the expenses which may be incurred
by the Official Receiver, shall prove to be insufficient, the person
on whose application the order has been made shall from time to
time deposit with the Official Receiver such additional sum as the
Court may, on the application of the Official Receiver, from time
to time direct; and such sum shall be deposited within twenty-
four hours after the making of the order therefor. If such
additional sum shall not be so deposited, the order appointing
the interim receiver may be discharged by the Court
138. If an order appointing an interim receiver is followed
by a receiving order the deposits made by the creditor, on whose
application such interim receiver was appointed, shall be repaid
to him (except and so far as such deposits may be required by
reason of insufficiency of assets for the payment of the fees
chargeable and the expenses incurred by the interim receiver) out
of the proceeds of the estate in the order of priority prescribed by
these Rules
139. Where, after an order has been made appointing an
interim receiver, the petition is dismissed, the Court shall, upon
application to be made within twenty-one days from the date of
the dismissal thereof, adjudicate, with respect to any damages or
claim thereto arising out of the appointment, and shall make such
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Receiving
order.
Forms 27, 28
and 29.

Receiving
order on
insolvency
notice.
Forms 27 to 29.

Stay of
proceedings.
order as the Court thinks fit, and such decision or order shall be
final and conclusive between the parties unless the order be
appealed from.
RECEIVING ORDER
140. (1) A receiving order shall be in one of Forms 27, 28
and 29, with such variations as circumstances may require.
(2) Where a receiving order is made on a creditor's
petition there shall be stated in the receiving order the nature
and date, or dates, of the act, or acts of insolvency upon which the
order has been made. Every order shall contain at the foot thereof
a notice requiring the debtor to attend on the Official Receiver
forthwith on the service thereof at the place mentioned therein.
(3) When a receiving order is made, and the debtor is
in Guyana, the Court shall at the same time fix a day for the
public examination of the debtor. If the debtor is out of Guyana
the Court may defer fixing a day for such examination and
require a special application to fix a day to be made.
(4) The Registrar shall cause a copy of the receiving
order sealed with the seal of the Court to be forthwith served on
the debtor.
141. A receiving order shall not be made against a debtor
on a petition in which the act of insolvency alleged is non-
compliance with an insolvency notice within the appointed time,
where such debtor shall have applied to set aside such notice,
until after the hearing of the application, or where the notice has
been set aside, or during a stay of the proceedings thereon; but in
such case the petition shall be adjourned or dismissed as the
Court may think fit.
142. There may be included in a receiving order, an
order staying any action or proceeding against the debtor or
staying proceedings generally.
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Advertisement.
Form 30.

Costs of
petitioner.

Public
examination of
debtor
Form 148 (1).

Default by
debtor in
attending.
143. (1) Where a receiving order or an order for the
appointment of the Official Receiver as interim receiver of the
debtor's property is made, the Registrar shall forthwith give
notice thereof to the Official Receiver.
(2) The Official Receiver shall forthwith publish the
notice.
(3) The notice may be in Form 30.
144. (1) All proceedings under the Act down to and
including the making of a receiving order shall be at the cost of
the party prosecuting the same, but when a receiving order is
made, the costs of the petitioning creditor (including the costs
of the insolvency notice (if any) sued out by him) shall be taxed
and payable out of the proceeds of the estate, in the order of
priority prescribed by these Rules.
(2) Where the proceeds of the estate are not
sufficient for the payment of any costs necessarily incurred by
the Official Receiver (in excess of the deposit) between the making
of a receiving order and the conclusion of the first meeting of
creditors, the Court may order such costs to be paid by the
party prosecuting the proceedings
PUBLIC EXAMINATION OF DEBTOR
145. Where any order is made appointing the time and
place for holding the public examination of the debtor the Official
Receiver shall serve a copy thereof on the debtor, and shall
forthwith publish for the information of creditors notice of such
order and of the time and place appointed thereby
146. If the debtor fails to attend the public
examination at the time and place appointed by any order for
holding or proceeding with the same, and no good cause is
shown by him for such failure, it shall be lawful for the Court,
upon its being proved to the satisfaction of the Court, that the
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Adjournment
sine die.


Proceedings
after
adjournment
sine die.
Notice of
proceeding
after
adjournment
sine die.

Public
examination of
order requiring the debtor to attend the public examination was
duly served, and without any further notice to the debtor, to
issue a warrant for his arrest as provided by section 26(l)(d) of
the Act, or to make such other order as the Court shall think just.
147. Where the Court is of opinion that a debtor is
failing to disclose his affairs, or where the debtor has failed to
attend the public examination or any adjournment thereof, or
where the debtor has not complied with any order of the Court in
relation to his accounts, conduct, dealings, and property, and no
good cause is shown by him for such failure, the Court may
adjourn the public examination sine die, and may make such
further or other order as the Court shall think fit.
148. Where an examination has been adjourned sine die,
and the debtor desires to have a day appointed for proceeding
with his public examination, the expense of advertising notice of
the day to be appointed for proceeding with such examination
shall, unless the Official Receiver or assignee, as the case may be,
consents to the costs being paid out of the estate, be at the cost of
the debtor, who shall, before any day is appointed for
proceeding with the public examination, deposit with the
Official Receiver such sum as the Official Receiver shall think
sufficient to defray the expense aforesaid. The balance of the
deposit, after defraying the expense aforesaid, shall be
returned to the debtor.
149. In any case in which a public examination has
been adjourned sine die, and the Court afterwards makes an
order for proceeding with such public examination, notice to
creditors of the time and place appointed for proceeding with
such public examination shall be inserted in the Gazette and in
the local paper in which the notice of the first holding of the
public examination was inserted, seven days before the day
appointed.
150. (1) An application for an order dispensing with
the public examination of a debtor, or directing that the
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a debtor as a
lunatic, etc.

Form 34
Form 35
debtor be examined in some manner or at some place other
than is usual on the ground that the debtor is a lunatic, or
suffers from mental or physical affliction or disability
rendering him unfit to attend a public examination, may be
made by the Official Receiver, or by any person who has been
appointed by any Court or judge having jurisdiction so to do
to manage the affairs of or represent the debtor, or by any
relative or friend of the debtor who may appear to the Court
to be a proper person to make the application.
(2) Where the application is made by the Official
Receiver it may be made ex parte, and the evidence in support
of the application may be given by a report of the Official
Receiver to the Court, the contents of which report shall be
received as prima facie evidence of the matters therein stated.
(3) Where the application is made by some person
other than the Official Receiver, it shall be made by motion of
which notice shall be given to the Official Receiver and
assignee (if any) and shall be supported by an affidavit of a
duly registered medical practitioner as to the physical and
mental condition of the debtor.
(4) Where the order is made on the application of
the Official Receiver, the expense of holding the examination
shall be deemed to be an expense incurred by the Official
Receiver within the meaning of rule 91. Where the application
is made by any other person, he shall, before any order is
made on the application, deposit with the Official Receiver
such sum as the Official Receiver shall certify to be necessary
for the expenses of the examination.
(5) The order to be made on the application shall
be in Form 34 or Form 35 as the case may be, with such
variations as circumstances may require.

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Adjudication
on application
of debtor.
Adjudication
on application
of other parties.
Forms 43,44and
45.

Adjudication
on failure of
composition or
scheme.

Adjudication
on adjourn-
ment of
examination
sine die.
Form of notice.
Forms 46 and
47.
Form 148 (2)
ADJUDICATION
151. At the time of making a receiving order, or at any
time thereafter, the Court may, on the application of the
debtor himself, adjudge him insolvent. Such application may
be made orally and without notice
152. When a receiving order has been made, and no
creditors attend at the time and place appointed for the first
meeting, or an adjournment thereof, or if sufficient creditors
do not attend there to form a quorum or pass a special
resolution, or where the Official Receiver satisfies the Court
that the debtor has absconded, or that the debtor does not
intend to propose a composition or scheme, or in any of the
other cases mentioned in the Act, the Court may, either on the
application of the creditor or of the Official Receiver,
forthwith adjudge the debtor insolvent
153. Where a composition or scheme is not accepted
by the creditors at the first meeting or at one adjournment
thereof within the time specified by the Act, the Court may,
on the application of the Official Receiver, or of any person
interested, adjudge the debtor insolvent.
154. Where the public examination of a debtor is
adjourned sine die and the debtor has not previously been
adjudged insolvent the Court may forthwith, and without any
notice to the debtor, adjudge him insolvent.
155. (1) An order of adjudication shall be in Form 46
or 47 with such variations as circumstances may require.
(2) When a debtor is adjudged insolvent, the
Registrar shall forthwith give notice thereof to the Official
Receiver, who shall forthwith publish a notice of the
adjudication in the like manner as is provided in the case of a
receiving order.

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Order
annulling
adjudication .
Form 50. Form
148 (4).
Service where
debtor abroad.

Form where
proposal
submitted by
debtor. Forms
72 and 75 to 79.

Application
by Official
Receiver or
debtor for
approval of
Court .
Form 85
(3) The notice may be in Form 48.
156. (1) An order annulling an adjudication may be in
Form 50 with such variations as circumstances may require.
(2) When an adjudication is annulled the Registrar
shall forthwith give notice thereof to the Official Receiver
who shall forthwith publish a notice of the annulment.
(3) The order of the Court annulling an
adjudication shall not relieve an assignee from the liability
imposed on assignees to account to the Court for all
transactions of such assignee in connection with the estate.
SERVICE OF PROCEEDINGS
157. Where a debtor against whom a receiving order
has been made is not in Guyana, the Court may order service
on the debtor of the receiving order, order of adjudication,
order to attend the public examination or any adjournment
thereof, or of any other order made against, or summons
issued for the attendance of, the debtor, to be made within
such time and in such manner and form as it shall think fit.
COMPOSITION OR SCHEME
158. Where a debtor intends to submit a proposal for
a composition or scheme, the Forms of proposal, notice and
report 72, 75, 76, 77, 78 and 79, with such variations as
circumstances may require, shall be used by the Official
Receiver for the purpose of the meeting of creditors for
consideration of the proposal.
159. Where the creditors have accepted a composition
or scheme, and the public examination of the debtor has been
concluded, the Official Receiver or the debtor may forthwith
make an application to the Court for the approval of such
composition or scheme. The Official Receiver shall not by
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Notice to
Official
Receiver.
Form 89.
Notice to
creditors
Form 86.


Official
Receiver’s
report to be
filed.
Hearing and
appeal.
Costs of
application by
debtor.
Evidence and
order.
Form 61.
making such application be deemed necessarily to approve of
the composition or scheme.
160. Any person other than the Official Receiver who
applies to the Court to approve of a composition or scheme
shall, not less than seven days before the day appointed for
hearing of the application, send notice of the application to
the Official Receiver.
161. Whenever an application is made to the Court to
approve of a composition or scheme, the Official Receiver
shall, not less than three days before the day appointed for
hearing the application, send notice of the application to
every creditor who has proved his debt.
162. In every case of an application to the Court to
approve of a of composition or scheme the report of the
Official Receiver shall be filed not less than four days before
the time fixed for hearing the application.
163. On the hearing of any application to the Court to
approve of a composition or scheme, the Court shall, in
addition to considering the report of the Official Receiver,
hear the Official Receiver and the assignee (if any) thereon,
and an appeal shall lie at the instance of the Official Receiver
or assignee (if any) from any order of the Court made upon
such application.
164. No costs incurred by a debtor, of or incidental to
an application to approve of a composition or scheme, shall
be allowed out of the estate if the Court refuses to approve
the composition or scheme.
165. (1) The Court before approving a composition or
scheme shall, in addition to investigating the other matters as
required by the Act, require proof that the provisions of
section 19(1) and (2) have been complied with. An order
approving a composition or scheme shall be in Form 61, with
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Form 148 (5)
Provision in
composition or
scheme for
costs and
charges.


Fee on
application.

Correction of
formal slips,
etc.
Proceedings if
scheme
approved.
such variations as circumstances may require.
(2) The Official Receiver shall forthwith gazette
every order made on an application to approve of a
composition or scheme.
166. Where a composition or scheme has been duly
accepted by the creditors, such composition or scheme shall
not be approved by the Court, unless the Court is satisfied, on
the report of the Official Receiver, that provision is made for
payment of all proper costs, charges and expenses of and
incidental to the proceedings and all fees and percentages
payable to the Official Receiver under the
scale of fees and percentages in force for the time being.
167. The fee prescribed to be charged for and in
respect of an application to the Court to approve of a
composition or scheme may be allowed and paid out of the
estate of the debtor in any case in which there are sufficient
funds in the hands of the Official Receiver or assignee, as the
case may be, available for the purpose.
168. At the time a composition or scheme is approved
of, the Court may correct or supply any accidental or formal
slip, error or omission therein, but no alteration in the
substance of the composition or scheme shall be made
169. When a composition or scheme is approved of
the Official Receiver shall, on payment of all proper costs,
charges and expenses of and incidental to the proceedings
and all fees and percentages payable to the Official Receiver,
forthwith put the debtor (or, as the case may be, the assignee
under the composition or scheme or the other person or
persons to whom under the composition or scheme the
property of the debtor is to be assigned) into possession of the
debtor's property. The Court shall also discharge the
receiving order
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Cases in which
Official
Receiver is to
be assignee.

Security by
assignee under
composition or
scheme.
Form 96.

Non-payment
of
composition.

Vesting of
property on
annulment of
composition.
Annulment of
composition.

Dividends
under
composition or
scheme
170. In every case of a composition or scheme in
which an assignee is not appointed, or, if appointed, declines
to act, or becomes incapable of acting, or is removed, the
Official Receiver shall, unless and until another assignee is
appointed by the creditors, be the assignee for the purpose of
receiving and distributing the composition or for the purpose
of administering the debtor's property, and carrying out the
terms of the composition or scheme, as the case may be.
171. Where under a composition or scheme an
assignee is appointed, he shall, after the composition or
scheme has been approved by the Court, give security to the
satisfaction of the Official Receiver in like manner as if he
were an assignee in insolvency. If an assignee fails to give
security within the time required he may be removed by the
Official Receiver.
172. Where a composition or scheme has been
approved and default is made in any payment there under,
either by the debtor or the assignee (if any), no action to
enforce such payment shall lie, but the remedy of any person
aggrieved shall be by application to the Court.
173. Where a composition or scheme is annulled, the
property of the debtor shall, unless the Court otherwise
directs, forthwith vest in the Official Receiver without any
special order being made or necessary.
174. Where a composition or scheme is annulled the
assignee under the composition or scheme shall account to
the assignee in the insolvency for any money or property of
the debtor which has come to his hands and pay or deliver
over to the said assignee any money or property which has
not been duly administered.
175. Where under any composition or scheme
provision is made for the payment of any moneys to creditors
entitled thereto, and any claim, in respect of which a proof
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Proof of debts
in composition
or scheme.

Application of
rules as to
composition,
etc.

How made out.
Form 39.

Extension of
time.
has been lodged, is disputed, the Court may, if it thinks fit,
direct that the amount which would be payable upon such
claim, if established, shall be secured in such manner as the
Court shall direct, until the determination of the claim so
disputed; and on the determination thereof, the sum so
secured shall be paid as the Court may direct.
176. Every person claiming to be a creditor under any
composition or scheme, who has not proved his debt before
the approval of such composition or scheme, shall lodge his
proof with the assignee there under, if any, or, if there is no
such assignee, with the Official Receiver, who shall admit or
reject the same. And no creditor shall be entitled to enforce
payment of any part of the sums payable under a composition
or scheme unless and until he has proved his debt and his
proof has been admitted.
177. All rules relating to compositions or schemes
shall apply to compositions or schemes under section 19 of
the Act and so far as applicable also to compositions or
schemes under section 24 of the Act.
STATEMENT OF AFFAIRS
178. Every debtor shall be furnished by the Official Receiver
with instructions for the preparation of his statement of affairs.
The statement of affairs (which shall be made out in duplicate,
and one copy of which shall be verified) shall be in Form 39, with
such variations or additions as circumstances may require.
The Official Receiver shall file in Court the verified
statement of affairs submitted to him by the debtor.
179. Where any debtor requires any extension of the time
for the submitting by him of his statement of affairs, he shall
apply to the Official Receiver, who may, if he thinks fit, give a
written certificate extending such time, which certificate shall be
filed, and shall render an application to the Court under section 17
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Form of proof.
Form 66 and 67.

Workmen’s
wages.

Production of
bills of ex-
change, etc.

Time for
lodging proof.

of the Act unnecessary.
PROOF OF DEBTS
180. A creditor's proof shall be in Form 66 or 67, with
such variations as circumstances may require.
181. In any case in which it shall appear from the
debtor's statement of affairs that there are numerous claims
for wages by workmen and others employed by the debtor, it
shall be sufficient if one proof for all such claims is made
either by the debtor or his foreman or some other person on
behalf of all such creditors. Such proof shall be in Form 68
and shall have annexed thereto, as forming part thereof, a
schedule setting forth the names of the workmen and others
and the amounts severally due to them. Any proof made in
compliance with this rule shall have the same effect as if
separate proofs had been made by each of the said workmen
and others, but only one fee in respect thereof shall be paid as
an ordinary proof.
182. Where a creditor seeks to prove in respect of a
bill of exchange, promissory note or other negotiable
instrument or security on which the debtor is liable, such bill
of exchange, note, instrument or security must, subject to any
special order of the Court to the contrary, be produced to the
Official Receiver, chairman of a meeting or assignee, as the
case may be, before the proof can be admitted either for
voting or for dividend.
183. (1) A proof intended to be used at the first
meeting shall be lodged with the Official Receiver not later
than four o'clock of the afternoon of the day before the day
appointed for such meeting.
(2) A proof intended to be used at an adjournment
of a first meeting (if not lodged in time for the first meeting)
must be lodged not later than four o'clock of the afternoon of
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Transmission
from Official
Receiver to
assignee.

Filing of proof
on appeal.

Time within
which proofs
to be dealt
with by
Official
Receiver.
Form 69.

Or by assignee
Form 69.
the day before the day fixed for holding the adjourned
meeting.
184. When an assignee is appointed in any matter, all
proofs of debts that have been received by the Official
Receiver shall be handed over to the assignee, but the Official
Receiver shall first make a list of such proofs, and take a
receipt thereon from the assignee for such proofs.
185. The Official Receiver, or, as the case may be, the
assignee, shall within three days after receiving notice from a
creditor of his intention to appeal against a decision rejecting
a proof, file such proof with the Registrar, with a
memorandum thereon of his disallowance thereof. After the
appeal has been heard by the Court, the proof, unless wholly
disallowed, shall be given back to the Official Receiver or
assignee, as the case may be.
186. Subject to the power of the Court to extend the
time, the Official Receiver, as assignee, not later than fourteen
days from the latest date specified in the notice of his
intention to declare a dividend, as the time within which such
proofs must be lodged, shall, in writing, either admit or reject
wholly or in part every proof lodged with him or require
further evidence in support thereof.
187. Subject to the power of the Court to extend the
time, the assignee, other than the Official Receiver, within
twenty-eight days after receiving a proof which has not
previously been dealt with by the Official Receiver, shall, in
writing, either admit or reject it wholly or in part, or require
further evidence in support thereof:
Provided that where the assignee has given notice of
his intention to declare a dividend he shall within seven days
after the date mentioned in such notice as the latest date up to
which proofs must be lodged, examine and in writing admit
or reject every proof which has not been already admitted or
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Effect of notice
of dividend.

Appeal from
rejection of
proof.

Costs of
appeals from
decisions as to
proofs
Notice of
intended
dividend.
rejected, and give notice of his decision rejecting a proof
wholly or in part to the creditor affected thereby.
188. Where a creditor's proof has been admitted the
notice of dividend shall be sufficient notification to such
creditor of such admission.
189. Subject to the power of the Court to extend the
time, no application to reverse or vary the decision of the
Official Receiver or assignee in rejecting a proof shall be
entertained after the expiration of twenty-one days from the
date of notice of the decision complained of.
190. The Official Receiver shall in no case be
personally liable for costs in relation to an appeal from his
decision rejecting any proof wholly or in part.
DIVIDENDS
191. (1) Not more than two months and not less than
twenty-one days before declaring a dividend, the Official
Receiver or assignee shall give notice of his intention to do so
by publishing a notice thereof. Such notice shall specify the
latest date up to which proofs must be lodged, which shall
not be less than fourteen days from the date of such notice.
(2) Where any creditor after the date mentioned in
the notice of intention to declare a dividend, as the latest date
upon which proof may be lodged, appeals against the
decision of the Official Receiver or assignee rejecting a proof,
such appeal shall, subject to the power of the Court to extend
the time in special cases, be commenced, and notice thereof
given to the Official Receiver or assignee within seven days
from the date of the notice of the decision against which the
appeal is made, and the Official Receiver or assignee shall in
such case make provision for the dividend upon such proof,
and the probable costs of such appeal in the event of the proof
being admitted. Where no appeal has been commenced
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Declaration of
dividend.

Form 103, 104
and 107.

Production of
bills, notes, etc.
c.90:13

Dividend may
be sent by post.
Application.
Form 51.
within the time specified in this rule, the assignee shall
exclude all proofs which have been rejected from
participation in the dividend.
(3) Immediately after the expiration of the time
fixed by this rule for appealing against the decision of the
assignee he shall proceed to declare a dividend, and shall
publish a notice thereof.
(4) The notices shall be in Forms 103, 104 and 107,
with such variations as circumstances may require.
(5) If it becomes necessary in the opinion of the
assignee and the committee of inspection to postpone the
declaration of the dividend beyond the prescribed limit of
two months, the assignee shall publish fresh notice of his
intention to declare a dividend, and the same procedure shall
follow the fresh notice as would have followed the original
notice.
192. Subject to section 71 of the Bills of Exchange Act,
and subject to the power of the Court in any case on special
grounds to order production to be dispensed with, every bill
of exchange, promissory note, or other negotiable instrument
or security, upon which proofs have been made, shall be
exhibited to the assignee before payment of dividend thereon,
and the amount of dividend paid shall be endorsed on the
instrument.
193. The amount of the dividend may, at the request
and risk of the creditor, be transmitted to him by post.
DISCHARGE
194. (1) An insolvent intending to apply for his
discharge under section 29 of the Act shall file his application
with the Registrar who shall, not less than twenty-eight days
before the day appointed for the hearing of the application,
Form 52.
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Form 52
Form 148 (3)


Appeal.
Report of
Official
Receiver.
Evidence in
answer to
report.

Opposition by
creditor.
Costs of
application.
give notice of the time and place of hearing the application to
the Official Receiver and assignee, and publish a notice of the
time and place appointed for the hearing twenty-one days
before the day appointed. Such notice shall be in Form 52.
(2) Notice of the day for hearing the debtor's
application shall be sent by post by the Official Receiver to
each creditor who has proved or his attorney to the address
given in his proof not less than fourteen days before the day
so appointed. The prescribed fee for such notice shall be paid
by the debtor.
(3) The prescribed fees in respect of an application
for discharge shall be paid by the applicant.
195. An appeal to the Full Court shall lie at the
instance of the assignee, if any, from any order of the Court
made upon an application for discharge.
196. In every case of an application by an insolvent
for his discharge, the report of the Official Receiver shall be
filed not less than seven days before the time fixed for hearing
the application.
197. Where an insolvent intends to dispute any
statement with regard to his conduct and affairs contained in
the Official Receiver's report, he shall, not less than two days
before the hearing of the application for discharge, give notice
in writing to the Official Receiver, specifying the statements
in the report which he proposes at the hearing to dispute.
Any creditor who intends to oppose the opposition discharge
of an insolvent on grounds other than those mentioned in the
Official Receiver's report, shall give notice of the intended
opposition stating the grounds thereof to the Official Receiver
not less than two days before the hearing of the application.
198. An insolvent shall not be entitled to have any of the
costs of or incidental to his application for his discharge allowed
Form 148 (3)
Appeal.
Report of
Official
Receiver.
Evidence in
answer to
report.
Opposition by
creditor.
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Conditional
Orders.

Form 58
Order.
Delivery of
order.
Forms 53 to 57.

Gazetting
order.
Form 146.
to him out of his estate
199. (1) Where the Court grants an order of discharge
conditionally upon the insolvent consenting to judgment being
entered against him by the Official Receiver or assignee for the
balance or any part of the balance of the debts provable under the
insolvency which is not satisfied at the date of his discharge,
the order of discharge shall not be signed, completed or
delivered out until the insolvent has given the required consent in
Form 58.
(2) On such consent being filed the Court shall give
judgment in terms of such consent.
(3) If the insolvent does not give the required
consent within one month from the making of the conditional
order the Court may, on the application of the Official Receiver or
assignee, revoke the order or make such other order as the
Court may think fit.
200. The order of the Court made on an application
for discharge shall be dated the day on which it is made, and
shall take effect on and from the day of its date; but such
order shall not be delivered out or gazetted until after the
expiration of the time allowed for appeal, or, if an appeal be
entered, until after the decision of the Full Court thereon. The
order shall be in one of Forms 53, 54, 55, 56 and 57 as the case
may require.
201. When the time for appeal has expired, or as the
case may be, when the appeal has been decided by the Full
Court, the Registrar shall forthwith publish the order in the
Gazette.
The notice may be in Form 146, with such variations
as circumstances may require.

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Execution on
judgment in
case of
conditional
discharge.
Accounts of
after- acquired
property.

Verification of
statements of
after-acquired
property.


Form 59.

202. An application by the Official Receiver or
assignee for leave to issue execution on a judgment given
pursuant to a conditional order of discharge shall be in
writing, and shall state shortly the grounds on which the
application is made. When the application is lodged, the
Registrar shall fix a day for the hearing.
The party applying shall give notice of the application
to the debtor not less than eight days before the day
appointed for the hearing, and shall at the same time furnish
him with a copy of the application.
203. Where an insolvent is discharged subject to the
condition that judgment shall be entered against him, or
subject to any other condition as to his future earnings or
after-acquired property, it shall be his duty, until such
judgment or condition is satisfied, from time to time to give
the Official Receiver such information as he may require in
respect to his earnings and after-acquired property and
income and not less than once a year to file in Court a
statement showing the particulars of any property or income
he may have acquired subsequent to his discharge.
204. Any statement of after-acquired property or
income filed by an insolvent whose discharge has been
granted subject to conditions shall be verified by affidavit,
and the Official Receiver or assignee, may require the
insolvent to attend before the Court to be examined on oath
with reference to the statements contained in such affidavit or
as to his earnings, income, after-acquired property or
dealings. Where an insolvent neglects to: file such affidavit or
to attend the Court for examination when required so to do or
properly to answer all such questions as the Court may put or
allow to be put to him, the Court may, on the application of
the Official Receiver or assignee, rescind the order of
discharge. The affidavit shall be in Form 59, with such
variations as circumstances may require.
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Application
for
modification
of order.

Form and filing
of proxies.
Form 70, 71 and
72.

Signature of
proxy.

Filling in when
creditor blind.

Minors not to
be proxies.
205. Where after the expiration of two years from the date of
any order made upon an insolvent's application for a discharge, the
insolvent applies to the Court to modify the terms of the order on the
ground that there is no reasonable probability of his being in a
position to comply with the terms of such order, he shall give
fourteen days' notice of the day fixed for the hearing of the
application to the Official Receiver and to all his creditors.
PROXIES AND VOTING LETTERS
206. (1) A general proxy shall be in Form 70, a special
proxy shall be in Form 71, and a voting letter under section
19(4) of the Act shall be in Form 72, with such variations as
circumstances may require.
(2) A proxy shall be lodged with the Official
Receiver or assignee not later than four o'clock on the day
before the meeting or adjourned meeting at which it is to be
used.
(3) As soon as a proxy or voting letter has been
used it shall be filed with the proceedings in the matter.
207. A proxy given by a creditor shall be signed by
such creditor or his duly constituted attorney only.
208. The proxy of a creditor blind or incapable of
writing may be accepted if such creditor has attached his
signature or mark thereto in the presence of a witness who
shall add to his signature his description and residence, and,
provided that all insertions in the proxy are in the
handwriting of the witness and such witness shall have
certified at the foot of the proxy that all such insertions have
been made by him at the request of the creditor and in his
presence before he attached his signature or mark.
209. No person shall be appointed a general or special
proxy who is a minor.
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Notice to
debtor.
Form 81.

Notice of first
meeting.
Forms 73 to 76.
Form and
length of notice
Form 88.

Notice to
Official
Receiver of
creditors’
meeting.
Cost of calling
meeting.

Copy of
resolution to be
filed.
MEETINGS OF CREDITORS
210. (1) The Official Receiver shall give three days
notice to the debtor of the time and place appointed for the
first meeting of creditors. The notice, which shall be in Form
81, may be either delivered to him personally or sent to him
by prepaid post letter, as may be convenient.
It shall nevertheless be the duty of the debtor to
attend such first meeting, although the notice is not sent to or
does not reach him.
(2) A notice to attend subsequent meetings may be
in the like form, with such variations as circumstances may
require.
211. The Official Receiver shall fix the day for the first
meeting, and shall forthwith publish notice thereof. The
notice shall be in one of Forms 73, 74, 75 and 76, with such
variations as circumstances may require.
212. The notices of subsequent meetings to be
published by the Official Receiver or assignee may be in Form
88, with such variations as circumstances may require. Where
no special time is prescribed the notices shall be published not
less than three days before the day appointed for the meeting.
213. Where an assignee summons a meeting of creditors,
he shall send to the Official Receiver a copy of the notice
convening the meeting.
214. The costs of summoning a meeting of creditors at
their request shall be paid by the persons at whose instance it is
summoned, to be repaid to them out of the estate if the creditors
or the Court shall so direct.
215. The assignee shall send to the Registrar, and when the Official Receiver is not assignee to the Official
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Adjournment.
Quorum.
Form 83.

Public officer or
agent of
company.

Attestation of
firm’s
signature.

Service on firm.
Receiver, a copy, certified by him, of every resolution of a
meeting of creditors.
216. Where a meeting of creditors is adjourned the
adjourned meeting shall be held at the same place as the
original place of meeting, unless in the resolution for
adjournment another place is specified.
217. In calculating a quorum of creditors present at a
meeting, those persons only who are entitled to vote at the
meeting shall be reckoned.
PROCEEDINGS BY COMPANY OR CO-PARTNERSHIP
218. An insolvency petition against, or insolvency
notice to, any debtor to any company or co-partnership duly
authorised to sue and be sued in the name of a public officer
or agent of such company or co-partnership, may be
presented by or sued out by such public officer or agent as the
nominal petitioner for and on behalf of such company or co-
partnership, on such public officer or agent filing an affidavit
stating that he is such public officer or agent, and that he is
authorised to present or sue out such petition or notice.
PROCEEDINGS BY OR AGAINST A FIRM
219. Where any notice, declaration, petition or other
document requiring attestation is signed by a firm of creditors
or debtors in the firm's name, the partner signing for the firm
shall add also his own signature, e.g., "Brown & Co., by James
Green, a partner in the said firm."
220. Any notice or petition for which personal service
is necessary shall be deemed to be duly served on all the
members of a firm if it is served at the principal place of
business of the firm in Guyana, on any one of the partners, or
upon any person having at the time of service the control or
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Debtor’s
petition by
firm.

Receiving order
against firm.

Statement of
affairs.
Adjudication
against
partners.

First meeting.

Acceptance of
composition,
etc., by joint
and separate
creditors.

management of the partnership business there.
221. Where a firm of debtors file a declaration of
inability to pay their debts or insolvency petition, the same
shall contain the names in full of the individual partners, and
if such declaration or petition is signed in the firm's name, the
declaration or petition shall be accompanied by an affidavit
made by one at least of the partners, setting forth the names
of the partners and showing that they all concur in the filing
of the declaration or petition.
222. A receiving order made against a firm shall
operate as if it were a receiving order made against each of
the persons who at the date of the order is a partner in that
firm.
223. In cases of partnerships the debtors shall submit
a statement of their partnership affairs, and each debtor shall
submit a statement of his separate affairs.
224. No order of adjudication shall be made against a
firm in the firm's name, but it shall be made against the
partners individually.
JOINT AND SEPARATE ESTATES
225. Where a receiving order is made against a firm,
the joint and separate creditors shall collectively be convened
to the first meeting of creditors.
226. The joint creditors, and each set of separate
creditors, may severally accept compositions or schemes of
arrangement. So far as circumstances will allow, a proposal
accepted by joint creditors may be approved in the prescribed
manner notwithstanding that the proposals or proposal of
some or one of the debtors made to their or his separate
creditors may not be accepted.
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Voting on
composition.

Adjudication.
Separate firms.

Apportionment
of assignee’s
remuneration
227. Where proposals for compositions or schemes
are made by a firm, and by the partners therein individually,
the proposal made to the joint creditors, shall be considered
and voted upon by them apart from every set of separate
creditors; and the proposal made to each separate set of
creditors shall be considered and voted upon by such
separate set of creditors apart from all other creditors. Such
proposals may vary in character and amount. Where a
composition or scheme is approved, the receiving order shall
be discharged only so far as it relates to the estate, the
creditors of which have confirmed the composition or
scheme.
228. On the adjudication in insolvency of a
partnership the assignee appointed by the joint creditors, or
the Official Receiver being assignee as the case may be, under
section 22(5) or section 76(3) of the Act shall be the assignee of
the separate estates. Each set of separate creditors may
appoint its own committee of inspection; but if any set of
separate creditors do not appoint a separate committee, the
committee (if any) appointed by the joint creditors shall be
deemed to have been appointed also by such separate
creditors.
229. If any two or more of the members of a
partnership constitute a separate and independent firm, the
creditors of such last-mentioned firm shall be deemed to be a
separate set of creditors, and to be on the same footing as the
separate creditors of any individual member of the firm. And
where any surplus shall arise upon the administration of the
assets of such separate or independent firm, the same shall be
carried over to the separate estates of the partners in such
separate and independent firm according to their respective
rights therein.
230. Where joint and separate estates are being
administered the remuneration of the assignee in respect of
the administration of the joint estate may be fixed by the
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Lunatics.
creditors, or (if duly authorised) by the committee of
inspection of such joint estate, and the remuneration of the
assignee in respect of the administration of any separate
estate may be fixed by the creditors, or (if duly authorised) by
the committee of inspection of such separate estate.
LUNATICS
231. (1) Where it appears to the Court that any debtor
or creditor or other person who may be affected by any
proceeding under the Act or rules is a lunatic (hereinafter
called the lunatic), the Court may appoint such person as it
may think fit to appear for, represent, or act for, and in the
name of the lunatic, either generally, or in and for the purpose
of any particular application or proceeding, or the exercise of
any particular rights or powers which under the Act and rules
the lunatic might have exercised if he had been of sound
mind. The appointment may be made by the Court either on
an application made as hereinafter mentioned, or, if the Court
thinks fit to do so, without any previous application.
(2) An application to the Court to make an
appointment under this rule may be made by any person who
has been appointed by any Court having jurisdiction so to do,
to manage the affairs or property of, or to represent, the
lunatic, or by any relative or friend of the lunatic who may
appear to the Court to be a proper person to make the
application or by the Official Receiver.
(3) The application may be made ex parte and
without notice, but in any case in which the Court shall think
it desirable, the Court may require such notice of the
application as it shall deem necessary to be given to the
Official Receiver or assignee (if any), or to the petitioning
creditor, or to the person alleged to be a lunatic, or to any
other person, and for that purpose may adjourn the hearing of
the application.
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Sales.

Perishable
goods.
Auction.

Immovable
property.

Not to be sold
at under-
valued.
which shall be received as, prima facie evidence of the facts
supported by a report of the Official Receiver, the contents of
application is made by the Official Receiver, it must be
physical and mental condition of the lunatic. Where the
affidavit of a duly registered medical practitioner as to the
other than the Official Receiver, it shall be supported by an
(4) Where the application is made by some person
application shall be made to the Court for directions, and the
appraised value cannot be obtained on the day of sale,
unless with leave of the Court. If three-fourths of the
shall be sold for less than three-fourths of the appraised value
property belonging to an estate administered under the Act
236. Except as otherwise provided no immovable
ascertained is hereafter referred to as the appraised value.
appraisement shall be verified by affidavit. The value so
or more competent person or persons before being sold. The
235. Immovable property shall be appraised by one
auctioneer.
to sell by public auction he must do so through a licensed
auction. If an assignee other than the Official Receiver desires
property of an estate under his administration by public
acting or any of his clerks authorised by him may sell any
234. The Official Receiver in whatsoever capacity
inserted in the Gazette at least one day before the day of sale.
after notice published in a newspaper for four days and
233. Perishable goods including animals may be sold
notice published for three successive Saturdays.
Act shall be sold except by public sale or public tender after
provided belonging to the estate of a debtor sold under the
232. No property except where it is otherwise
ADMINISTRATION AND SALE OF PROPERTY
therein stated.
notice under the Act and rules served on, or given to, such person
shall have the same effect as if the notice had been served on or
given to the lunatic.
(5) When a person has been appointed under this rule, any
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Sale of small
immovable
property.
Large sales.
Opposition.
Plantations.
Court shall thereupon give such directions as the circum-
stances may require.
237. Immovable property of which the appraised
value does not exceed $500 may be sold for the highest price
that can be obtained without applying to the Court for
directions.
238. Where it is proposed to include in one sale
property estimated to be worth $5,000, or upwards, such
property shall be appraised and the sale shall be subject to the
same rules as the sale of immovable property.
239. No opposition shall be entered to the transport of
immovable property by the Official Receiver or assignee
acting under the Act.
240. Where a plantation in cultivation forms part of
the estate of a debtor the Official Receiver shall forthwith
report the fact to the Court and state the following particulars
so far as they can at the time be ascertained:
(a) what amount if any is due to the State or the
Immigration Fund;
(b) whether or not there are any mortgages on
the plantation and if so the amounts secured
by such mortgages, the names of the
mortgagees, and whether they are resident
or represented in Guyana;
(c) the amount required to be expended weekly
for salaries, wages and supplies to maintain
the plantation;
(d) whether or not there is likely to be a loss on
working the plantation for the next three
months and if so the probable amount;
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Interim
directions.

Notice to be
given.

Parties to be
heard.
(e) any other particulars that it may be desirable
to bring to the notice of the Court in forming
a judgment as to what immediate action
should be taken.
241. The Court on receiving such report shall
thereupon give such directions as the circumstances may
require for the immediate maintenance of the plantation, and
(a) may authorise the Official Receiver, or
assignee if any, forthwith to raise such
amount to be specified as may be sufficient
to pay all overdue wages which are
preferent and as may be sufficient to
maintain and carry on the plantation until
further order of the Court for a period not
exceeding in any case the next two months;
and
(b) may order such reports to be furnished and
such notices to be served as the
circumstances may require.
242. The Court on receiving such report shall appoint
a day within a period not exceeding twenty days from the
date of receiving such report for hearing all persons interested
as to the maintenance or sale of the plantation. Notice of the
day appointed shall be published for at least seven days, and
the Official Receiver shall, seven days before the day
appointed, send by post a copy of the notice addressed to the
Minister responsible for finance and to each mortgagee if
resident in Guyana or his representatives if he be represented
in Guyana, and if the debtor be in Guyana shall in like
manner send a notice to the debtor.
243. The Court on the day appointed shall hear all
persons interested who desire to be heard, and after such
hearing and after such adjournments as may be necessary and
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Receivers.


Removal and
vacancies.
Directions.

Preference

Time and mode
of sale.
after receiving such further reports as the Court may order,
shall give such directions as regards the maintenance and
manner and time of sale of the plantation as the circumstances
may require.
244. The Court, on and after the day so appointed
shall appoint a receiver who shall, subject to these Rules,
manage and administer the plantation until sold and may
require him to give security or may dispense with security:
Provided always that where there is a first mortgage
the first mortgagee or his agent shall be appointed a receiver.
Where there are several mortgages and the first mortgagee or
his agent is unwilling to act, the first of the subsequent
mortgagees or their agents in the order of the priority of the
mortgages who is willing to act shall be entitled to be
appointed if he so desire.
245. The Court may at any time remove any receiver
for improper conduct or negligence or other good cause and
may appoint a receiver in the place of any receiver who may
die, leave Guyana, be removed or be unable to act.
246. The Court after the day appointed for hearing the
parties interested may from time to time give such directions
as regards the maintenance or working of the plantation as
the circumstances may require, and may authorise the Official
Receiver or the receiver to raise such specified sums as may
be necessary.
247. All sums authorised by the Court to be raised on
a plantation shall be a preferent claim on the proceeds
realised by the sale thereof after the expenses of the sale, and
debts due to the State, and the Immigration Fund have been
paid in full.
248. When determining the time of sale of a plantation
the Court shall have reference to the interests and rights of
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Sale of
produce.
Notice.

Produce
bound in
consignment.
Remuneration
to receiver.
persons whether resident within or without Guyana who may
be interested in the plantation, and the Court may direct that
the notice of the sale of the plantation shall be advertised in
such places and in such manner as the Court may deem
expedient.
The Court shall also have reference to the probability
of obtaining a fair price at the time fixed for the sale, and
whether there be any probability of the plantation being
worked so as to produce a profit.
249. The produce of a plantation unless bound by
mortgage in consignment shall be sold by the receiver and the
Court shall from time to time direct whether such produce
shall be sold in Guyana or shipped for sale elsewhere.
250. The produce of a plantation sold in Guyana may
be sold after notice published for five days.
251. When the produce of a plantation is bound by
mortgage in consignment the produce shall be consigned or
go to the person to whom it is so bound, and the Court shall
so far as may be practicable give effect to the covenants in the
mortgage, provided the mortgagees make arrangements to
the satisfaction of the Court for forthwith paying for the
maintenance of the plantation, the net proceeds realised by
the sales of such produce after deducting expenses and
commissions so far as it shall be necessary to apply such net
proceeds in maintaining the plantation and paying the
creditors who are preferent to the mortgagee. In default of the
mortgagee making arrangements for this purpose which are
satisfactory to the Court, or in case the mortgagee having
made any such arrangement refuses or neglects to carry it out
the Court may make such order as to the sale of the produce
as the circumstances may require.
252. The receiver shall receive such remuneration as
may be awarded by the Court.
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Interpretation.


Application for
order.
Form 37.

Summary
administration.
Form 38.
253. The terms "plantation in cultivation" and
"plantation" in these Rules mean a plantation on which there
are 40 acres in cultivation or on which any immigrant is
indentured.
PART III
SPECIAL PROCEDURES
Small Insolvencies
254. An application by the Official Receiver that the
estate of a debtor may be ordered to be administered in a
summary manner shall be in Form 37, with such variations as
circumstances may require.
255. Where an estate is ordered to be administered in
a summary manner, under section 105 of the Act, the
provisions of the Act and of these Rules shall, subject to any
special direction of the Court, be modified as follows:
(a) There shall be no advertisement in any other
paper than the Gazette.
(b) The title of every document in the
proceedings subsequent to the making of an
order for summary administration shall
have inserted thereon the words "Summary
case".
(c) If no proposal for a composition or scheme
is lodged with the Official Receiver within
the time specified for that purpose in section
19 of the Act, or within such time thereafter
as the Official Receiver may fix, or if the
Official Receiver satisfies the Court that the
debtor has absconded, or that the debtor
does not intend to propose a composition or
scheme, or that the composition or scheme
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Form 106.
proposed is not reasonable or calculated to
benefit the general body of creditors, the
Court may forthwith adjudge the debtor
insolvent. A report by the Official Receiver
under this paragraph shall be prima facie
evidence of the facts stated therein.
(d) If during or at the conclusion of the public
examination of the debtor it appears to the
Court that a composition or scheme ought
not to be sanctioned by reason of the
conduct of the debtor, the Court may
forthwith adjudge the debtor insolvent.
(e) Except for the purpose of confirming a
composition or scheme there shall be only
one meeting of creditors. The meeting may,
where it seems expedient, be held on the
day appointed for the public examination of
the debtor. If a quorum of creditors be not
present it shall not be necessary to adjourn
the meeting and no further meeting need be
held.
(f) The estate shall be realised with all
reasonable despatch and, where practicable,
distributed in a single dividend when
realised. The time mentioned in section 55(2)
of the Act shall be extended to six months.
(g) In lieu of the copy of the accounts to be filed
with the Court as prescribed by section 80(4)
of the Act, a statement showing the position
of the estate analogous, as nearly as may , to
that prescribed by Form 106 shall be filed.
(h) The costs or charges of any person employed
by the Official Receiver other than of a
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Form of
petition .
Form 10

Gazetting.
Service.
Administration
order Form 36.
solicitor may be paid and allowed without
taxation, provided that the Court may
require such costs or charges to be taxed by
the taxing officer.
ADMINISTRATION OF ESTATE
OF PERSON DYING INSOLVENT.
256. (1) A creditor's petition under section 108 of the
Act shall be in Form 10 with such variations as circumstances
may require, and shall be verified by affidavit.
An Executor's petition may be, mutatis mutandis, in the
same form.
(2) Every petitioner shall before filing his petition
deposit with the Official Receiver the sum of ten dollars to
cover any fees in respect thereof.
257. Where an administration order under section
108 of the Act is made, such order shall be gazetted and
advertised in the same manner in all respects as an order of
adjudication is gazetted and advertised.
258. (1) The petition shall, unless the Court otherwise
directs, be served on each executor who has acted under the
will, or as the case may be on each person who has
administered. The Court may also, if the Court thinks fit,
order the petition to be served on any other person.
(2) Service shall be proved in the same way as is
provided in the case of an ordinary creditor's petition and the
petition shall be heard in the like manner.
259. An administration order under section 108 of the
Act shall be in Form 36, with such variations as circumstances
may require.
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Duties of
executor, etc.

Executor de son
tort.

Rules as to
administration
of estate of
deceased
insolvent.

260. Where an administration order under section
108 of the Act has been made it shall be the duty of the heir,
executor or other person who has been administering the
estate of the deceased debtor to lodge with the Official
Receiver forthwith (in duplicate) an account of the dealings
with, and administration of (if any), the deceased's estate by
such heir, executor or other person as aforesaid, and such
heir, executor or other person as aforesaid shall also furnish
forthwith in duplicate a list of the creditors and a statement of
the assets and liabilities, and such other particulars of the
affairs of the deceased as may be required by the Official
Receiver. Every account, list and statement to be made under
this rule shall be made and verified by affidavit.
The expense of preparing, making, verifying and
lodging any account, list, and statement under this rule shall,
after being taxed, be allowed out of the estate.
261. In any case in which an administration order
under section 108 of the Act has been made, and it appears to
the Court, on the report of the Official Receiver, that no heir
or executor exists, the account, list, and statement mentioned
in the last preceding rule shall be made, verified and lodged
by such person as in the opinion of the Court, upon such
report may have taken upon himself the administration of, or
may otherwise have intermeddled with, the property of the
deceased, or any part thereof.
262. In proceedings under an order for the
administration of the estate of a person dying insolvent,
where a meeting of creditors is summoned for the
appointment of an assignee—
(a) the provisions of the First Schedule to the
Act relating to the mode of summoning a
meeting of creditors and to the persons
entitled to vote at a meeting;

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Books to be
kept by
Registrar Form
146 and 147.
Record Book.
(b) the provisions of the rules, which refer to
creditors, meetings of creditors, assignees,
and committees of inspection; and
(c) where the property is not likely to exceed in
value the sum of one thousand dollars, the
provisions of section 105 of the Act,
shall, so far as applicable, apply as if the proceedings were
under a receiving order and order of adjudication.
PART IV
OFFICERS, ASSIGNEES, AUDIT, ETC.
Registrar's Books
263. The Registrar shall keep books according to the
forms in the Appendix, and the particulars given under the
different heads in such books shall be entered forthwith after
the proceedings shall be had.
ACCOUNTS AND AUDIT
264. The Official Receiver, until an assignee is
appointed, and thereafter the assignee, shall keep a book to be
called the "Record Book", in which he shall record all minutes,
all proceedings had, and resolutions passed at any meeting of
creditors, or of the committee of inspection, and all such
matters as may be necessary to give a correct view of the
administration of the estate, but he shall not be bound to
insert in the record any document of a confidential nature,
(such as the opinion of counsel on any matter affecting the
interest of the creditors), nor need he exhibit such document
to any person other than a member of the committee of
inspection.
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Cash Book.
Books to be
submitted to
committee of
inspection.

Audit
of Cash Book.

Form 109.

Passing of
accounts.

265. (1) The Official Receiver, until an assignee is
appointed, and thereafter the assignee, shall keep a book to be
called the "Cash Book" in which he shall (subject to the
provisions of these rules as to trading accounts) enter from
day to day the receipts and payments made by him.
(2) The Official Receiver may keep one general
cash book for all Insolvency matters in which he is or is acting
as assignee, and shall also keep an account current showing
the account of each estate of which he is or is acting as
assignee in which account the several receipts and payments
shall be entered in separate columns under appropriate heads
so as to show an abstract of the receipts and payments in
connection with each head, or such account may be kept in
such other form as the Minister responsible for finance may
prescribe.
266. The assignee shall submit the Record Book and
Cash Book, together with any other requisite books and
vouchers, to the committee of inspection (if any) when
required, and not less than once every three months.
267. The committee of inspection shall not less than
once every three months audit the Cash Book and certify
therein under their hands the day on which the said book was
audited. The certificate shall be in Form 109, with such
variations as circumstances may require. If the Official
Receiver is not the assignee and no committee of inspection
has been appointed, the Official Receiver shall discharge the
functions of a committee of inspection under this and the last
preceding rules.
268. (1) Every assignee shall, at the expiration of six
months from the date of the receiving order, and at the
expiration of every succeeding six months thereafter until
his release, transmit to the Registrar a duplicate copy of the
Cash Book for such period together with the necessary
vouchers and copies of the certificates of audit and his
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Form 110.
Copy accounts
to be filed.
Affidavit of no
receipts.

Proceedings on
resignation.
Joint and
separate estates
accounts.
Form 102.
accounts for the preceding period as required by section 80 of
the Act. He shall also forward with the first accounts a
summary of the debtor's statement of affairs showing thereon
in red ink, the amounts realised, and explaining the cause of
the non-realisation of such assets as may be unrealised.
(2) When the estate has been fully realised and
distributed, or if the adjudication is annulled, the assignee
shall forthwith send in his accounts to the Registrar although
the six months may not have expired.
(3) The accounts sent in by the assignee shall be
certified and verified by him according to Form 110
269. When the assignee's account has been passed,
the Registrar shall certify that the account has been duly
passed, and shall file the duplicate copy of the same with the
proceedings in the insolvency.
270. Where an assignee has not since the date of his
appointment or since the last audit of his accounts, as the case
may be, received or paid any sum of money on account of the
debtor's estate, he shall, at the period when he is required to
transmit his estate account to the Registrar, forward to the
Registrar an affidavit of no receipts or payments.
271. Upon an assignee resigning, or being released or
removed from his office, he shall deliver over to the Official
Receiver or, as the case may be, to the new assignee, all books
kept by him, and all other books, documents, papers, and
accounts in his possession relating to the office of assignee.
272. Where a receiving order has been made against
debtors in partnership, distinct accounts shall be kept of the
joint estate and of the separate estate or estates, and no
transfer of a surplus from a separate estate to the joint estate
on the ground that there are no creditors under such separate
estate shall be made until notice of the intention to make such
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Debtor’s
books.

Expenses of
sales.

Allowance to
debtor.
Form of
certificate of
appointment.
Form 95.
Notice of
appointment.
Notification of
objection to
transfer has been gazetted and published in one newspaper.
273. The Court may, on the application of the Official
Receiver, direct in what manner the debtor's books of account,
and other documents given up by him, or any of them, may
be disposed of.
274. Where property forming part of a debtor's estate
is sold by the trustee through an auctioneer or other agent,
the gross proceeds of the sale shall be paid over by such
auctioneer or agent and the charges and expenses connected
with the sale shall afterwards be paid to such auctioneer or
agent on the same being allowed by the taxing officer. Every
trustee, by whom such auctioneer or agent is employed, shall
be accountable for the proceeds of every such sale.
275. In any case in which, under section 63 of the Act,
a trustee makes an allowance to an insolvent out of his
property, such allowance, unless the creditors by special
resolution determine otherwise, shall be in money, and the
amount allowed shall be duly entered in the trustee's
accounts.
ASSIGNEES
276. A certificate by the Official Receiver, certifying
the appointment of an assignee, shall be in Form 95, with such
variations as circumstances may require.
277. When the appointment of an assignee is certified
notice of his appointment shall forthwith be published by the
Official Receiver. The assignee shall send a certificate to the
Registrar to be filed. All expense of complying with this rule
shall be borne by the assignee and may be charged by him to
the estate.
278. (1) Where the Official Receiver objects to the
appointment of an assignee, or does not approve of the
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Court.
Form 94.

Removal of
trustee.
Removal for
failing to keep
up security.

Removal by
Official
Receiver.


security proposed to be given by him, and is required by a
majority in value of the creditors to notify the non-approval
or objection to the Court, the requisition shall be in Form 94,
with such variations as circumstances may require. On receipt
of such requisition the Official Receiver shall forthwith
transmit a copy thereof to the Registrar, who shall fix a time
for the hearing of the matter. At the hearing the person whose
appointment or proposed security is objected to, and every
creditor and the Official Receiver shall be entitled to be heard.
(2) The Official Receiver may also with the copy of
the requisition communicate to the Court the grounds of his
non-approval or objection. Any report so made by the Official
Receiver shall be prima facie evidence of the statements therein
contained.
279. It shall be a sufficient reason for refusing to
certify the appointment of a person as assignee that in any
other proceedings under the Act such person has either been
removed under section 75(2) of the Act from the office of
assignee or has failed or neglected, without good cause
shown by him, to render his accounts for audit for two
months after the date by which the same should have been
rendered.
280. Where an assignee or special manager has given
security in the prescribed manner but fails to keep up such
security the Official Receiver may, if he thinks fit, remove him
from his office.
281. Where an assignee is removed by the Official
Receiver, notice of the order removing him shall at once be
transmitted by the Official Receiver to the Registrar who shall
file the notice with the proceedings in the matter.
The Official Receiver shall also cause a notice of the
order to be published.
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Notice of
resignation .
Form 93.

Rate of
remuneration.

Assignee
carrying on
business.
Forms 112 and
113.
Form 114.
Notice of
application for
282. An assignee intending to resign his office shall
call a meeting of creditors to consider whether his resignation
shall be accepted or not, and shall give not less than seven
days’ notice of the meeting to the Official Receiver
283. (1) The creditors, or as the case may be, the
committee of inspection in voting the remuneration of the
assignee, shall distinguish between the commission or
percentage payable on the amount realised and the
commission or percentage payable on the amount distributed
in dividends.
(2) The rate of commission or percentage on the
amount realised shall not exceed the rate on the amount
distributed.
(3) Except as provided by the Act or rules no
assignee shall be entitled to receive out of the estate any
remuneration for services rendered to the estate except the
remuneration to which under the Act and rules he is entitled
as assignee.
284. (1) Where the assignee carries on the business of
the debtor, he shall keep a distinct account of the trading, and
shall incorporate in the Cash Book the total weekly amount of
the receipts and payments on such trading account.
(2) The trading account shall from time to time and
not less than once in every month be verified by affidavit, and
the assignee shall thereupon submit such account to the
committee of inspection (if any) or such member thereof as
may be appointed by the committee for that purpose, who
shall examine and certify the same.
285. An assignee before making application to the
Court for his release, shall give notice of the application in
Form 121 to all the creditors of the debtor who have proved
their debts and to the debtor and shall send with such notice a
release.
Form 121.
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Form 106.

Gazette of
release.

Delivery of
books on
release of
assignee.
Meeting to
consider.

Authority for
account at local
bank. Form119
and 120.
Application for
directions.
Form 97 and
98.
Creditor may
obtain copy of
an assignee’s
account.
summary of his receipts and payments as assignee in Form
106:
Provided that when such application is made upon
the assignee ceasing to act by reason of a composition having
been approved under section 24 of the Act such notice and
summary shall be sent to the debtor only.
286. Where the Court has granted to an assignee his
release a notice of the order granting such release shall be
gazetted. The assignee shall be required to pay the requisite
fees which may be charged to the estate.
287. The release of an assignee shall not take effect
unless and until he has delivered over to the Official Receiver
all the books, papers, documents and accounts which by these
Rules he is required to deliver over on his release.
288. Where one-fourth in value of the creditors desire
that a general meeting of the creditors may be summoned to
consider the propriety of removing the assignee such meeting
may be summoned by a member of the committee of
inspection, or by the Official Receiver, on the deposit of a sum
sufficient to defray the expenses of summoning such meeting.
289. Application by a committee of inspection for
authority to the assignee to make his payments into and out
of a bank shall be in Form 119, and the authority shall be in
Form 120 with such variations as circumstances may require.
290. Where an assignee desires to apply to the Court
for direction in any matter he may file an application in Form
97. The Court shall then hear the application or fix a day for
hearing it and direct the assignee to apply by motion.
291. Any creditor who has proved his debt may
apply to the assignee for a copy of the accounts (or any part
thereof) relating to the estate, as shown by the Cash Book up
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Statements of
account to be
furnished to
creditors.
Form 115.

Dealings with
estates.

Assignee not to
purchase from
his employer or
partner without
Court’s
sanction.
Committee of
inspection.
to date and on paying for the same at the rate of 25 cents per
page he shall be entitled to have such copy accordingly.
292. Where in pursuance of section 81(2) of the Act the
Official Receiver or assignee is required to transmit to
creditors a statement of the accounts, such statement shall be
in Form 115 with such creditors variations as circumstances
may require; and the cost of furnishing and transmitting such
statement shall be calculated at the rate of 25 cents for each
page of such statement.
293. Neither the assignee nor any member of the
committee of inspection of an estate shall, while acting as
assignee or members of such committee, except by leave of
the Court, either directly or indirectly, by himself or any
partner, clerk, agent or servant, become purchaser of any part
of the estate. Any such purchase made contrary to this rule,
may be set aside by the Court, on the application of the
Official Receiver or any creditor.
294. (1) Where the assignee carries on the business of
the debtor, he shall not, without the express sanction of the
Court, purchase goods for the carrying on of such business
from himself, his employer (if any), or from any person whose
connection with the assignee is of such a nature as would
result in the assignee obtaining any portion of profit (if any)
arising out of the transaction.
(2) In any case in which the sanction of the Court is
obtained under this rule or the next rule the cost of obtaining
such sanction shall be borne by the person in whose interest
such sanction is obtained, and shall not be payable out of the
debtor's estate.
295. No member of a committee of inspection of an
estate shall, except under and with the sanction of the Court,
directly or indirectly by himself, or any employer, partner,
clerk, agent or servant, be entitled to derive any profit from
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Sanction of
payment to
members of
committee of
inspection.


Discharge of
costs, etc.,
before estate
handed over to
trustee.
any transaction arising out of the insolvency, or to receive out
of the estate any payment for services rendered by him in
connection with the administration of the estate, or for any
goods supplied by him to the assignee for or on account of the
estate. If it appears on the examination and passing of the
assignee's account that any profit or payment has been made
contrary to this rule such payment shall be disallowed and
such profit surcharged against the assignee as a receipt on
account of the estate.
296. Where the sanction of the Court under the last
preceding rule to a payment to a member of a committee of
inspection for services rendered by him in connection with
the administration of the estate is obtained, the order of the
Court shall specify the nature of the services, and shall only
be given where the service performed is of a special nature.
No payment shall, under any circumstances, be allowed to a
member of a committee for service rendered by him in the
discharge of the duties attaching to his office as a member of
such committee.
297. (1) Where a debtor is adjudged insolvent, and an
assignee is appointed, the Official Receiver shall forthwith put
the assignee into possession of all property of the insolvent of
which the Official Receiver may be possessed; provided that
such assignee shall have, before the estate is handed over to
him by the Official Receiver, discharged any balance due to
the Official Receiver on account of fees, costs, and charges
properly incurred by him and payable under the Act, and on
account of all advances properly made by him in respect of
the estate, together with interest on such advances at the rate
of six dollars per cent per annum, and shall have discharged or
undertaken to discharge all guarantees which have been
properly given by the Official Receiver for the benefit of the
estate; and the assignee shall pay all fees, costs, and charges of
the Official Receiver which may not have been discharged by
the assignee before being put into possession of the property
of the insolvent, and whether incurred before or after he has
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Meeting of
creditors to
consider
conduct of
assignee.
Disclaimer of
lease without
leave.
been put into such possession.
(2) The Official Receiver shall be deemed to have a
lien upon the estate until such balance shall have been paid,
and such guarantees and other liabilities shall have been
discharged.
(3) It shall be the duty of the Official Receiver, if so
requested by the assignee, to communicate to the assignee all
such information respecting the insolvent and his estate and
affairs as may be necessary or conducive to the due discharge
of the duties of the assignee.
298. Where the Official Receiver is of opinion that any
act done by an assignee or any resolution passed by a
committee of inspection should be brought to the notice of the
creditors for the purpose of being reviewed or otherwise, he
may summon a meeting of creditors accordingly to consider
the same and the expenses of summoning such meeting shall
be paid by the assignee out of any available assets under his
control.
DISCLAIMER OF LEASE
299.(1) A lease may be disclaimed without the leave of
the Court in any of the following cases:
(a) where the insolvent has not sublet the
demised premises or any part thereof
or created any charge on the lease;
and
(i) the rent reserved is less than
one hundred dollars per annum;
or
(ii) the estate is administered
under section 105 of the Act; or
(iii) the assignee serves the lessor
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Form 101
Forms 99 and
100.
with notice of his intention to
disclaim, and the lessor does
not within seven days after the
receipt of such notice give
notice to the assignee requiring
the matter to be brought before
the Court;
(b) where the insolvent has sublet the
demised premises or created a charge
upon the lease and the assignee serves
the lessor and the sub-lessee or
mortgagee with notice of his intention
to disclaim, and neither the lessor nor
the sublessee or mortgagee or any of
them within 14 days after the receipt
of such notice require or requires the
matter to be brought before the Court.
(2) The notices shall be in Forms 99 and 100 with such
variations as circumstances may require.
(3) Except as provided by this rule the disclaimer of a
lease without the leave of the Court shall be void.
(4) Where an assignee disclaims a lease he shall
forthwith file the disclaimer with the proceedings in Court,
and the disclaimer shall contain particulars of the lease
disclaimed and a statement of the persons to whom notice of
disclaimer has been given. Until the disclaimer is filed by the
assignee, the disclaimer shall be inoperative.
(5) Where in pursuance of a notice by the assignee of
his intention to disclaim a lease, the lessor, sub-lessee or
mortgagee requires the assignee to apply to the Court for leave to disclaim, the costs of the lessor, sub-lessee or
mortgagee shall not be allowed out of the estate of the
insolvent except in cases in which the Court is satisfied that
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Duties as to
debtor’s
statement of
affairs.
Form 39.
Form 40.
Subsistence
allowance to
such application was necessary in order to do justice between
the parties.
(6) A disclaimer made without leave of the Court
under this rule shall not be void or otherwise affected on the
ground only that the notice required by this rule has not been
given to some person who claims to be interested in the
demised property.
(7)Where any person claims to be interested in any
part of the property of the insolvent burdened with onerous
covenants, he shall, at the request of the Official Receiver or
assignee furnish a statement of the interest so claimed by him.
OFFICIAL RECEIVER
300. (1) As soon as the Official Receiver receives notice
that he has been appointed to the receivership of an estate, he
shall furnish the debtor with a copy of instructions for the
preparation of his statement of affairs.
The instructions may be in Form 39, with variations or
additions as circumstances may require:
(2) The Official Receiver or some person deputed
by him shall also forthwith hold a personal interview with the
debtor for the purpose of investigating his affairs and
determining whether the estate should be administered under
section 105 of the Act.
(3) It shall be the duty of the debtor to attend at
such time and place as the Official Receiver may appoint.
(4)The debtor shall fill up and deliver to the
Official Receiver the answers to the questions set out in Form
40.
301. The Official Receiver while in the possession of
the property of a debtor may make him such allowance out of
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debtor.
Special report
as to person
employed to
assist debtor.


Use of proxies
by deputy.
Removal of
special
manager.
Mode of
application.

Evidence on
application by
Official
Receiver.
his property for the support of himself and his family as may
seem just. In fixing the amount of such allowance the
assistance rendered by the debtor in the management of his
business or affairs may be taken into account.
302. Whenever, under the powers given by section 68
of the Act, the Official Receiver employs any person to assist
the debtor in the preparation of his statement of affairs, he
shall forthwith report the matter by letter to the Court,
justifying his action therein and specifying the remuneration
to be allowed to such person.
303. Where the Official Receiver who holds any proxy
or proxies cannot conveniently attend any meeting of
creditors, at which such proxy or proxies might be used, he
may depute some person under his control, to attend such
meeting and use such proxies on his behalf and in such
manner as he may direct.
304. When the Official Receiver appoints a special
manager he may at any time remove him if his employment
seems unnecessary or unprofitable to the estate, and he shall
remove him, if so required, by a special resolution of the
creditors.
305. Applications by the Official Receiver may be
made personally and without notice or other formality, but
the Court may in any case order that an application be
renewed in a formal manner and that such notice thereof be
given to any person likely to be affected thereby as the Court
may direct.
306. Where for the purposes of any application to the
Court by the Official Receiver for directions, or to adjudge a
debtor insolvent, or for leave to disclaim a lease, or for an
extension of time to apply for leave to disclaim a lease, or for
an order to take criminal proceedings against an insolvent or
to commit an insolvent, it is necessary that evidence be given
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Application for
directions.
No assets.


Accounting by
Official
Receiver.

Trading
account of
debtor.
by him in support of such application such evidence may be
given by a report of the Official Receiver to the Court, and
need not be given by affidavit, and any such report of the
Official Receiver shall be received by the Court as prima facie
evidence of the matters reported upon.
307. In any case of doubt or difficulty or in any
matter not provided for by the Act or these Rules relating to
any proceeding in the Court the Official Receiver may apply
to the Court for directions.
308. Where a debtor, against whom a receiving order
has been made, has no available assets the Official Receiver
shall not be required to incur any expense in relation to his
estate, unless the Court so direct or some creditor gives
sufficient security for the payment of such expense.
309. (1) Where a composition or scheme is sanctioned
by the Court the Official Receiver shall account to the debtor
or as the case may be to the assignee under the composition
or scheme.
(2) Where a debtor is adjudged insolvent, and an
assignee is appointed, the Official Receiver shall account to
the assignee in the insolvency.
(3) If the debtor, or, as the case may be, the
assignee is dissatisfied with the account or any part thereof,
he may report the matter to the Court who shall make such order (if any) thereon as it may deem expedient.
310. The debtor shall, on the request of the Official
Receiver, furnish him with trading and profit and loss
accounts and a cash and goods account for such period not
exceeding two years prior to the date of the receiving order as
the Official Receiver shall specify:
Provided that the debtor shall, if ordered by the Court so
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Liability for
costs, expenses
and damages.
to do, furnish such accounts as the Court may order for any
longer period. If the debtor fails to comply with the
requirements of this rule the Official Receiver shall report
such failure to the Court and the Court shall take such action
on such report as the Court shall think just.
311. The following provisions shall apply to every
case in which proceedings are taken either by action, motion
or in any other manner, against the Official Receiver in
respect of anything done or default made by him, when
acting, or in the bona fide and reasonable belief that he is
acting, in pursuance of the Act, or in execution of the
powers given to him by the Act:
(a) The costs, damages and expenses which the
Official Receiver may have to pay or to which he may be put
under such proceedings, shall be paid out of the estate of the
debtor.
(b) If such proceedings are commenced before the
appointment of an assignee by the creditors, or before the
approval of a composition or scheme, the Official Receiver
may, before putting the assignee appointed by the creditors
or, in the case of a composition, the debtor himself into
possession of the debtor's property retain the whole or some
part of the debtor's estate to meet the damages, costs or
expenses which the Official Receiver may have to pay or bear
in consequence of the said proceedings. If such proceedings
are commenced after the appointment of an assignee by the
creditors or after approval of a composition or scheme the
Official Receiver shall forthwith give notice to the assignee or
other person in whom the estate of the debtor may be vested
(including where necessary the debtor himself) and the estate
of the debtor shall, as from the date of such notice, be deemed
to be charged with the payment of the said damages, costs
and expenses.

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Local bank.

Standing
security to
Official
Receiver.
PAYMENTS INTO AND OUT OF BANK
312. Where the assignee is authorised to have an
account at a bank, he shall forthwith pay all moneys received
by him to the credit of the estate:
Provided always the proceeds of sale of any
plantation sold by an assignee shall be paid into the
Insolvency Estates Account. All payments out shall be made
by cheque payable to order, and every cheque shall have
marked or written on the face of it the name of the estate, and
shall be signed by the assignee, and countersigned by such
one or more person or persons as the creditors or the
committee of inspection may appoint.
SECURITY BY ASSIGNEE OR SPECIAL MANAGER
313. In the case of an assignee or special manager the
following rules as to the security shall be observed:
(a) The security shall be given to the Official
Receiver or such person or persons and in
such manner as he may from time to time
direct.
(b) It shall not be necessary that security shall
be given in each separate matter; but
security may be given either specially in a
particular matter or generally to be available
for any matter in which the person giving
security may be appointed either as assignee
or special manager.
(c) The Official Receiver shall fix the amount
and nature of such security, and may from
time to time as he thinks fit either increase
or diminish the amount of special or general
security which any person has given.
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Rate of
payment.
Accounts.
Form 90.
Application for
payment out by
party entitled.
Request for
order.
Form 149.

Stay of
proceedings.
SPECIAL MANAGER
314. Where a special manager is appointed and his
remuneration is not fixed by the creditors, he shall be paid
according to such scale as may from time to time be fixed by
the Official Receiver.
315. Every special manager shall account to the
Official Receiver, and such special manager's accounts shall
be verified by affidavit in the prescribed form, and, when
approved by the Official Receiver, the totals of the receipts
and payments shall be added to the Official Receiver's
accounts.
UNCLAIMED FUNDS, ETC., UNDER SECTION 126
316. An application under section 126 of the Act, for
payment out of the Insolvent Estates Account of any sum to
which any person claims to be entitled shall be made by
petition and shall be supported by the affidavit of the
claimant, and such further evidence as the Chancellor may
require.
GENERAL RULES AS TO ADMINISTRATION ORDERS
317. A debtor desiring to obtain an administration
order under section 106 of the Act shall file with the Registrar
a request in writing according to Form 149.
When the debtor is illiterate and unable to fill up such
request the Administrator General shall fill up the same from
the information given by such debtor.
318. On the filing of such request no creditor to whom
the applicant is indebted in respect of any debt, and to whom
notice of the filing of such request is given, shall proceed with
any action or execution against the property or person of such
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Contents of
request.


Notice of
request.
Form 151

Form 150.
applicant except with the leave of the Court and on such
terms as the Court may impose:
Provided, however, that if the order is not made the
creditor shall have the right to proceed.
319. (1) The debtor shall state in his request whether
he proposes to pay his creditors in full, or whether he
proposes to pay a composition. In the latter case he shall
further state the amount in the dollar he proposes to pay, and
in either case the amount of the monthly or other installments
by which he proposes to pay.
(2) The debtor shall set out in a list attached to his
request the names, addresses and descriptions of all his
creditors, including all secured creditors, and all creditors
having power to distrain for rent, rates and taxes.
(3) The debtor shall attach to his request and
statement an affidavit deposing that, to the best of his
knowledge, information and belief, the names of all his
creditors, and the true amounts of the debts due from him to
them, are set out in the list attached to the request, and that
the statements made by him in his request and statement are
true.
320. Upon a request being filed the Registrar shall as
soon as may be send a copy to the Official Receiver who shall
thereupon send by post a notice according to Form 151 to all
the creditors mentioned in the list of the day and hour when
the debtor's application will be heard; such notice shall be
sent by post five clear days before the day appointed for
hearing the application.
The Official Receiver shall also in like manner send
notice to the debtor according to Form 150.

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Objection to
debt set.
Proceedings on
hearing of
request.
321. Any creditor to whom the notice of the request
has been sent, and who desires to object to any debt stated by
the debtor shall send written notice thereof by post or
otherwise to the Registrar as well as to the Official Receiver
and to the debtor and creditor whose claim is objected to
three clear days before the date fixed for the hearing of the
request, and therein he shall state the grounds of his
objection. Such notice may be sent by post. The Court may, if
it sees fit, proceed to hear the objection although such notice
has not been given.
322. Upon the request coming on for hearing the
course of proceedings shall be as follows:
(a) The debtor shall attend in person unless the
Court otherwise directs.
(b) Any creditor, whether he has received a
notice of the request or not, may attend the
hearing thereof and prove his claim, and
object to any debt.
(c) All claims set out in the list attached to the
request shall be taken to be proved unless
objected to by a creditor, or disallowed by
the Court.
(d) All creditors whose debts are objected to
either by the debtor or any other creditor
shall prove their debts in like manner as
upon the hearing of an ordinary issue,
provided that the Court may in its discretion
direct the proof of any debt to be adjourned
upon any terms that it may think fit, and
may thereupon either adjourn the further
consideration of the application or proceed
to determine the same, in which latter case
such debt, if and when proved, shall be
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Form 151

Proceedings
when order
added to the schedule of proved debts.
(e) The debtor shall answer all questions put
and allowed by the Court.
(f) Any creditor who has proved, and by leave
of the Court any creditor the proof of whose
debt has been adjourned, and with the like
leave any other person on their behalf, shall
be entitled to be heard and to adduce
evidence.
(g) Where the debtor proposes to pay a
composition no administration order other
than for payment in full shall be made
where the composition is dissented from by
a majority in number and value of the
creditors who have no power to distrain and
who do not hold security.
(h) The dissent of the creditors may be given
orally at the hearing or by written notice to
the Registrar in Form No. 151.
(i) Where it appears that the conduct of the
debtor has been such that, if the debtor were
applying for the sanction of a composition
or scheme under section 19 of the Act the
Court might refuse its sanction, the Court
may refuse to make an administration order.
(j) No administration order shall be made
under which payments shall be extended
over a period of more than four years from
the date of the order.
323. The administration order shall be in Form 152.
Notice of the order shall be in Form 153 and shall be
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made. Form
152 and 153.
Objections
under section
106(10).

Objections after
time.

Proof under
section 106(11)
Form 157.
Proceedings if
claim not
disputed.
Form 158.
published by the Registrar.
324. Any creditor entitled to object under section
106(10) of the Act to any debt scheduled must give notice in
writing to the Registrar of his objection and of the grounds
thereof, and the Registrar of his objection and of the grounds
thereof, and the Registrar shall thereupon name a day when
such objection may be heard. An application to allow such
objection shall be heard by the Court ex parte in the first
instance, and the Court may dismiss such application, or it
may direct the same to be renewed upon notice being given to
such persons and upon such terms as to security for costs and
otherwise as the Court may think fit.
325. After an administration order has been made no
creditor to whom notice of hearing of the request has been
duly sent under rule 320 shall be entitled to object to any debt
scheduled, or to the manner in which payment is directed to
be made by the order, unless he prove to the satisfaction of
the Court that such notice did not reach him and that he has
not received reasonable notice of the proceedings in any other
manner.
No creditor shall be entitled to make any such
objection after the expiration of two calendar months from the
date of the order.
326. Any creditor desirous to prove a debt under
section 106(11) of the Act shall send in his claim in writing to
the Registrar, who shall thereupon send notice to the debtor
of the same, according to Form 157.
327. If the debtor does not appear and dispute the
claim within the period allowed by the notice, the claim shall
be deemed to be proved, and shall be added to the schedule
to the order accordingly, and notice of the addition shall be
sent to both the creditor and to the person, if any, having the
conduct of the order.
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Proceedings if
claims disputed
Form 157.
Conduct of
order.


\
Judgment
summons to
enforce order.
Form 115 and
156. C.6:04
Rescission of
order.
328. If the debtor objects to the claim and gives notice
of his objection in Form 157, the Registrar shall appoint a day
for the hearing of the objection, and give notice of the time for
hearing to both parties.
329. If the Court thinks fit, or is so requested by the
majority of the creditors present at the hearing of the request
who may have proved, the Court may appoint any person to
have the conduct of the order, and may at any time
afterwards remove him.
It shall be the duty of any person so appointed to take
all proper proceedings for enforcing the terms of the order,
but in case of his neglect to proceed or of urgency any creditor
may take such proceedings. The person having the conduct of
the order shall pay the Official Receiver the prescribed fee in
respect of the order out of the first moneys coming into his
hands.
330. A judgment summons to enforce an order shall
be issued on payment of the prescribed fee and be served
personally five clear days before the return day thereof, and
all proceedings thereon shall be taken in like manner as if it
were a judgment summons issued to enforce the Debtors Act,
except that the debtor must prove that he has not had the
means to pay the sum in respect of which he has made
default; and if thereupon the Court is satisfied that he has not
had the means to pay the sum in respect of which he has
made default, the Court may direct that the order of
administration shall be deemed to have been suspended
during the period covered by such default.
331. Where an administration order has at any time
heretofore been or shall hereafter be made, such order may at
any time be set aside or rescinded by the Court in any of the
following cases:
(a) where two or more of the instalments
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Effect of
rescission.
Suspension of
order.


Second
request.
ordered to be paid are in arrear;
(b) where the debtor has wilfully inserted in the
list attached to his request the wrong name
or address of any of his creditors or has
wilfully omitted therefrom the name of any
creditor;
(c) where the debtor subsequent to the date of
the order has obtained credit to the extent of
$10 or upwards without informing the
creditor he has an administration order;
(d) where the order has been obtained by fraud
or misrepresentation;
(e) where a receiving order has since the date of
the administration order been made against
the debtor.
332. (1) Where an order is set aside or rescinded under
the last preceding rule, it shall be without prejudice to
anything already done or suffered under the order.
(2) Any money paid into Court under the order
may be dealt with as if the order had not been set aside or
rescinded.
(3) Notice shall be published by the Registrar that
the order has been set aside or rescinded.
333. Where it appears that the debtor is unable to pay
any installment, by reason of illness or other unavoidable
misfortune, the Court may from time to time suspend the
operation of the order for a term not exceeding three months,
or make a new order for payment by installments.
334. Where the debtor has filed a request for an
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Suspension of
order pending
committal.

Calculation of
arrears.
Payments of
debts
pari passu.

Falsification of
documents.
administration order, and the Court has refused to make the
order, or when an order has been rescinded, the debtor shall
not be allowed to file another request without first obtaining
the leave of the Court.
335. When an order of committal is made upon the
hearing of any judgment summons, and the execution of such
order is suspended for a specified time to enable the debtor to
pay the amount in respect of the non-payment of which such
order was made, the order of the administration for payment
shall be also suspended during such time.
336. In calculating the amount in arrear under an
order of administration any instalments accruing due during
the period for which such order has been suspended shall not
be reckoned in such amount.
337. All persons scheduled as creditors under section
106(11) of the Act before the order of administration is
superseded under subsection (12) of the said section shall
rank pari passu inter se, subject to the priority given by
subsection (11) to those creditors who are scheduled as
having been creditors before the date of the order of
administration, but no payment made to any such creditor by
way of dividend or otherwise shall be disturbed by reason of
any subsequent proof by any other creditor under subsection
(11).
PART V
MISCELLANEOUS
Miscellaneous Matters
338. Any person who knowingly falsifies or
fraudulently alters any document in or incidental to any
proceeding under the Act or these Rules shall be deemed to
be guilty of contempt of Court, and shall be liable to be
punished accordingly.
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No lien on
debtor’s
books.
Non-
compliance
with rules.

Abridgement
or enlargement
of time.
Saving for
existing laws,
etc.

Summons
under Debtors
Act.
c 6:04

Form 160.
The penalty imposed by this rule shall be in addition
to, and not in substitution for any other penalty, punishment,
or proceeding to which such person may be liable.
339. No person shall, as against the Official Receiver
or assignee be entitled to withhold possession of the books of
accounts belonging to the debtor or to set up any lien thereon.
340. Non-compliance with any of these rules, or with
any rule or practice for the time being in force, shall not
render any proceeding void, unless the Court shall so direct,
but such proceeding may be set aside, either wholly or in
part, as irregular, or amended or otherwise dealt with in such
manner and upon such terms as the Court may think fit.
341. The Court may, under special circumstances and
for good cause shown, extend, or abridge the time appointed
by these Rules or fixed by any order of the Court for doing
any act or taking proceedings.
342. When no other provision is made by the Act or
these Rules saving for the present law, procedure, and
practice shall, in so far as applicable, existing laws, remain in
force. And save as provided by these Rules or any rules
amending them the Rules of the High Court shall not apply to
any proceedings in insolvency.
PART VI
APPLICATIONS UNDER THE DEBTORS ACT
343. All applications to commit to prison shall be
made by summons (in these Rules referred to as a judgment
summons) before the Court which shall specify the date of the
judgment or order, for non-payment of which the application
is made together with the amount due. The summons shall
require the judgment debtor to appear and be examined on
oath and shall be according to Form 160. The person issuing
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Service of
judgment
summons.
Judgment
summons
where
judgment
against a firm.
Form 162.
Form 161.
the summons shall prepare two or more copies of the
summons one or more of which shall be sealed and issued for
service.
344. (1) A judgment summons shall be served in the
like manner as is by these Rules prescribed for the service of a
creditor's petition. The service shall be made at least four days
before the day of hearing.
(2) The disobedience to any such judgment summons
shall be deemed a contempt of Court and shall be punishable
accordingly.
345. Where a judgment or order is against a firm or
against a person who is carrying on business in any name
other than his own, in such other name and the person
entitled to enforce the judgment or order desires to do so by
judgment summons against any person whom he alleges to
be a partner in or the sole member of such firm or against the
person whom he alleges to be carrying on business in such
other name as aforesaid, he shall file an affidavit together
with a copy thereof in Form 162 and thereupon a judgment
summons shall issue in Form 161 directed to such person
alleged to be such partner or sole member or to be carrying on
business in such other name as aforesaid, and there shall be
annexed to such judgment summons and served therewith a
copy of the said affidavit sealed with the seal of the Court.
And if such person alleged to be such partner or sole member
or to be carrying on business in any other name as aforesaid
shall not appear on the return day of such business in such
judgment summons he shall be deemed to admit that he is a
partner in or the sole member of such firm or that he does
carry on business in such other name as aforesaid and to
admit his liability to pay the amount due and payable under
such judgment or order. But if such person shall appear and
deny that he is a partner in or sole member of such firm or
that he carries on business in such other name as aforesaid the
judge may decide the fact on the evidence then before him or
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Adjournment.

Witnesses may
be summoned.

Insolvent not to
be committed.
No
commitment
where
adjudication
take s place
after order of
commitment.

Discharge of
insolvent
judgment
debtor. Form
164

Order of
commitment
c.6:04. Form
163
may direct an issue to be tried to determine the same.
346. The hearing of a judgment summons may be
adjourned from time to time.
347. Witnesses may be summoned to prove the means
of the judgment debtor in the same manner as is provided in
the Rules of the High Court.
348. Where a judgment debtor shall upon the return
day of a judgment satisfy the judge that a receiving order has
been made against him or that he has been adjudged
insolvent and that the debt was provable in the insolvency or
that an order has been made for the administration of his
estate under section 106 of the Act no order of commitment
shall be made except in accordance with the last mentioned
section.
349. Where, after the making of an order of
commitment against a judgment debtor, a receiving order has
been made against him or he has been adjudged an insolvent
and the debt is provable in the insolvency or an order for the
administration of his estate has been made under section 106
of the Act the Registrar shall forthwith give notice thereof to
the judgment creditor, and such order of commitment shall
not issue but if issued and not executed it shall be recalled.
350. Where a judgment debtor has been arrested, in
any such case as mentioned in the last preceding rule, the
Registrar shall give a certificate for his discharge in Form 164,
and upon receipt thereof by the person having the debtor in
charge and thereupon the judgment debtor shall be
discharged out of custody and the Registrar shall forthwith
give notice to the judgment creditor of such discharge.
351. An order of commitment made under the Debtors
Act shall be according to Form 163 and shall bear date on the
day on which the order for commitment was made but such
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Payment on
arrest.
Payment in
prison

Discharge of
prisoner on
request of
judgment
creditor.
Form166 and
167.
order shall not be enforced after the expiration of one year
from the date thereof unless at any time before or after the
expiration of such year the judge shall otherwise order. The
fact of the making of such latter order shall be endorsed on
the order of commitment, according to the form.
352. When an order of commitment for non-payment
of money is issued the defendant may, at any time before his
body is delivered into the custody of the gaoler, pay to the
marshal the amount endorsed on the order as that on the
payment of which he may be discharged, and on receiving
such amount the marshal shall discharge the defendant and
shall within twenty-four hours after receiving such amount
pay over the same to the Registrar.
353. The sum endorsed on the order of commitment
as that upon payment of which the prisoner may be
discharged, may be paid into Court, or to the gaoler in whose
custody the prisoner is. Where the payment is made to the
Registrar, he shall sign and seal a certificate thereof, and upon
receiving such certificate the gaoler in whose custody the
prisoner shall then be, shall forthwith discharge such
prisoner. And where the payment is made to the gaoler, he
shall, upon payment to him of such amount together with
costs sufficient to pay for transmitting such amount forthwith
by post office order or otherwise to the Court, sign a
certificate of such payment, and discharge the prisoner and
such costs of transmission shall be part of the prescribed
costs.
354. Upon the judgment creditor lodging with the
Registrar a request in writing, according to Form 166, that the
judgment debtor, if in prison, may be discharged from
custody, the Registrar shall issue a notice according to Form
167, and transmit the same to the gaoler in whose custody the
judgment debtor is, and the gaoler shall, on receipt of such
notice, forthwith discharge the prisoner.
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Certificate of
payment. Form
165.
Costs on
default of
appearance of
judgment
creditor.
Costs on
abortive
execution not
to be included
in judgement
summons.
Receipt of part
of debt after
warrant has
issued.
355. A certificate of payment by a prisoner shall be
according to Form 165.
356. If a judgment debtor appears on the return day,
but the judgment creditor fails to appear, the judge may
award costs to the judgment debtor.
357. Costs incurred in endeavouring to enforce a
judgment or order by way of execution against the goods, and
not recovered under such execution, shall not be included in
the amount due under such judgment or order for the
purposes of a judgment summons, nor shall money paid into
Court otherwise than under execution against goods be
attributed to payment of such costs.
358. If the judgment creditor or any person on his
behalf receive any part of the debt instalment or costs in
respect of which the order of committal has been made after
the warrant of committal has issued such warrant shall not be
executed by the marshal except by leave of the Court, which
leave may be obtained by an ex parte application to the Court.
SCHEDULE
FORMS
NOTE—The notes appended to these Forms are not part of the Forms themselves, but are for the guidance of parties using the forms. In all
forms requiring verification, the deponent may, at his option, substitute a
statutory declaration for an oath.

LAWS OF GUYANA
230 Cap. 12:21 Insolvency
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L.R.O. 1/2012
r.7
r.101
GENERAL TITLE
Guyana.
In the High Court.
In Insolvency. No………...of
20....
Re (James Brown).
(Ex parte here insert "the Debtor," or "J.S., a creditor," or the
"Official Receiver," or the "Assignee.")
___________

FORM 2
DECLARATION OF INABILITY TO PAY
(Title)
I, A.B. (name and description of debtor), residing at (and
carrying
on business at) ............................................................. , hereby
declare that I am unable
to pay my debts.
I believe my estate will realise more (or less as the case may
be) than the sum of $1,500.
Dated this....................day of………………..…..20….
……. …………………………….
(Signature) A.B.
Signed by the debtor in my presence.
Signature of Witness…………………………….
Address ……………………………………….
Description ……………………………………...
Filed the…………………day of …………………….20..…
FORM 1
LAWS OF GUYANA
Insolvency Cap. 12:21 231
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L.R.O. 1/2012
r. 109

Note.—Where the debtor resides at a place other than his
place of business both addresses should be inserted.
_______________
FORM 3
DEBTOR'S PETITION
(Title)
I, (name, address, and description of debtor) residing at (or
carrying on business at)………………………………………and
I believe my estate will realise more (or less as the case may
be) than the sum of $1,500.
Dated this...............................day of………………..…..20….
……. …………………………….
Signed by the debtor in my presence.
Signature of Witness…………………………….
Address ……………………………………….
Description ……………………………………...
Filed the………………day of …………………….20..…
Note.—Where the debtor resides at a place other than
his place of business both addresses should be inserted.
_______________

being unable to pay my debts, hereby petition the Court that
a receiving order be made in respect of my estate (and that I be
adjudged Insolvent).
LAWS OF GUYANA
232 Cap. 12:21 Insolvency
[Subsidiary] Insolvency Rules
L.R.O. 1/2012
r. 103
r. 102
REQUEST FOR ISSUE OF INSOLVENCY NOTICE
In the High Court.
In Insolvency.
1. I, CD., of. , ……………………….hereby request that
an Insolvency Notice be issued by this Court against (here
insert name, address, and description of judgment debtor).
2. The said A.B. resides at (or carries on business at)
in Guyana, or has immovable property in Guyana (or as the
case may be).
3. I produce an office copy (hereto annexed) of a final
judgment against the said A.B. obtained by (me) in
Court on this………day of…………………….20…….
4. Execution on said judgment has not been stayed.
Dated this……………………..day of……………………20……..
(Signed) CD., judgment creditor,
or E.F., solicitor for
the judgment creditor
Note.—Where the debtor resides at a place other than
his place of business both addresses should be inserted.
__________________
INSOLVENCY NOTICE
(Title)
To A.B. (or A.B. & Co.) of……………………………………….
Take notice that within (seven) days after service of
this notice on you excluding the day of service, you must pay
to C D., of ………………………………….the sum of
FORM 4
FORM 5
the………
LAWS OF GUYANA
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$.........................claimed by him as being the amount due on a
final judgment obtained by him against you in the
……………………….Court, dated the ………………….. day
of…………………………………….20......;
whereon execution has not been stayed or you must secure or
compound for the said sum to (his) satisfaction or the
satisfaction of the Court, or you must satisfy the Court that
you have a counter-claim, set-off, or cross-demand against
CD., which equals or exceeds the sum claimed by him, and
which you could not set up in the action in which the
judgment was obtained.
By the Court,
(Signed)……………………………………
Registrar .
Dated this………………day
of…………………………………..20…….
ENDORSEMENT ON NOTICE
You are specially to note—
That the consequences of not complying with the
requisitions of this notice are that you will have committed an
act of insolvency, on which insolvency proceedings may be
taken against you.
If, however, you have a counter-claim, set-off, or
cross-demand which equals or exceeds the amount claimed
by CD. in respect of the judgment, and which you could not
set up in the action in which the judgment was obtained you
must within…………days apply to the Court to set aside this
notice, by filing with the Registrar an affidavit to the above
effect.
Name and address of the solicitor suing out the notice
or
LAWS OF GUYANA
234 Cap. 12:21 Insolvency
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L.R.O. 1/2012
r. 107
This notice is sued out by (C.D.) in person.
__________________
FORM 6
AFFIDAVIT OF SERVICE OF INSOLVENCY NOTICE
(Title)
In the matter of an insolvency notice,
issued…………………..
I, L.M., of , make oath and say—
1. That I did, on the…………day of………………20…,
serve the above-mentioned A.B. with a copy of the above-
mentioned notice, duly sealed with the seal of the Court by
delivering the same personally to the said A.B. at (place)
before the hour of……………… in the ……………………….
noon.
2. A sealed copy of the said notice marked A is
hereunto annexed.
Sworn at, etc.
……………………………………..
(Signed) L.M.
Note.—If the service is effected on one partner on behalf of
his firm, the affidavit must after the word "at" contain the
words "being the principal place of business of the
said………………………………."
_____________________

LAWS OF GUYANA
Insolvency Cap. 12:21 235
[Subsidiary] Insolvency Rules
L.R.O. 1/2012
r. 108
AFFIDAVIT ON APPLICATION TO SET ASIDE
INSOLVENCY NOTICE
(Title)
I. A.B. of …………………………… make oath and
say—
1. That I was, on the………..day of.........................20.....,
served with the insolvency notice hereunto annexed (or,
describe the notice).
That I have satisfied the judgment debt claimed by
CD. by (state nature of satisfaction).
or,
2. That I have a counter-claim (or set-off or cross-
demand) for $................................being equal to (or exceeding)
the claim of the said CD. in respect of (here state grounds of
counter-claim).
3. That I could not have set up the said counter-claim
(or as the case may be) in the action in which the said
judgment was obtained against me.
Sworn, etc.
______________________
ORDER SETTING ASIDE INSOLVENCY NOTICE
(Title)
In the matter of an Insolvency Notice issued—
Upon the application of A.B. to set aside this notice,
and upon reading the affidavit of A.B. and upon hearing CD.
(if present), it is ordered that this notice be set aside, and that
FORM 7 r. 104(2)
FORM 8
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236 Cap. 12:21 Insolvency
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r. 109
CD. (or as the case may be) pay to A.B. the sum of $ ……………….. for costs (or, the costs of this matter).
By the Court,
(Signed)………………………….
Registrar
Dated this……….day of ……………………..…… 20….
Or,
(Title)
In the matter of an Insolvency Notice issued—
Upon the application of A.B. to set aside this notice,
and upon reading…………………and hearing………………,
and upon the said A.B. having entered into a bond in the
penal sum of the (amount of the alleged debt and probable
costs or such other sum as the Court may direct), with such
two sufficient sureties as the Court (or CD) has approved (or
having deposited in Court the sum of $..........................), as
security for the amount claimed by the notice, the condition of
the bond (or deposit) being (here insert condition), it is
ordered, etc.
By the Court,
(Signed)…………………………….
Registrar
Dated this ………day of……………….……….20…..
___________________
FORM 9
CREDITOR'S PETITION
(Title)
I, CD., of……………………….(or we, CD.,
of……………….,and E.F., of……………..…) hereby petition
the Court that a receiving order be made in respect of the
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Insolvency Cap. 12:21 237
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L.R.O. 1/2012
estate of (here insert name, address and description of debtor)
and say—
1. That the said A.B. resides is domiciled in Guyana,
or has immovable property in Guyana, or within a year before
the presentation of this petition has ordinarily resided (or had
a dwelling house or place of business in Guyana).
2. That the said A.B. is truly and justly indebted to me
(or us in the aggregate) in the sum of $..................(set out
amount of debt or debts, and the consideration).
3. That I (or we) do not, nor does any person on my
(or our)behalf hold any security on the said debtor's estate, or
on any part thereof, for the payment of the said sum.
Or,
That I hold security for the payment of (or part of) the
said sum (but that I will give up such security for the benefit
of the creditors of A.B. in the event of his being adjudged
insolvent (or and I estimate the value of such security at the
sum of $.............................).
Or,
That I, CD., one of your petitioners, hold security for
the payment of, etc.
That I, E.F., another of your petitioners, hold security
for the payment of, etc.
4. That A.B., within three months before the date of
the presentation of this petition has committed the following
act or (acts) of insolvency, namely (here set out separately the
acts of Insolvency).
5. That the estate of the said A.B. will probably realise
a sum more (or less as the case may be) than $1,500.

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Dated this…………….day of……………………..20…
………………………………..
(Signed) CD.
E.F.
Signed by the petitioner in my presence—
Signature of witness…………………………………
Address……………………………………………..
Description ……………………………………….
Note.—If there be more than one petitioner, and they
do not sign together, the signature of each must be separately
attested, e.g., "Signed by the petitioner, E.F. in my presence."
If the petition be signed by a firm, the partner signing should
also add his own signature, e.g., "A. S. & Co. by J.S., a partner
in the said firm." If the debtor resides at any place other than
the place where he carries on business both addresses should
be inserted.
ENDORSEMENT
This petition having been presented to the Court on
the………………………… day of…………………..……20……,
it is ordered that this petition shall be heard at……………..on
the…………….. day of ………………………………..20…...,
at………………o'clock in the……………………noon.
And you, the said A.B., are to take notice that if you
intend to dispute the truth of any of the statements contained
in the petition you must file with the Registrar of the Court a
notice showing the grounds upon which you intend to
dispute the same, and send by post a copy of the notice to the
petitioner (one) day before the date fixed for the hearing.
_________________________

LAWS OF GUYANA
Insolvency Cap. 12:21 239
[Subsidiary] Insolvency Rules
L.R.O. 1/2012
CREDITOR'S PETITION FOR ADMINISTRATION OF
ESTATE OF DECEASED DEBTOR UNDER SECTION 108
(Title)
I, CD., of………………………….(or we, CD., of…….,
and E.F.,…………….), hereby petition the Court that an order
be made for the administration in insolvency of the estate of
the late (here insert name and description of deceased
debtor), who died on the ……………………day
of.............................20…., and say—
1. That the said A.B. at the time of his decease resided
(or carried on business) at……………………………………

2. That the estate of the said A.B. is justly and truly
indebted to me (or us in the aggregate) in the sum of $
………………… (set out amount of debt or debts and the
consideration).
3. That (I) do not nor does any person on (my) behalf
hold any security on the said deceased debtor's estate, or on
any part thereof, etc. (or, as in Form No. 9, Creditor's
Petition).
Or,
That the will of the said A.B. (or, as the case may be)
was on the ………………………..day of……………….. 20…..,
deposited by J.S., of ………..……………….., and G.H.,
of……………………………, who consent to this petition.
Or,
That the estate of the said A.B. is (according to my
information and belief) insufficient to pay his debts.
………………………………..
(Signed) CD.
E.F.
FORM 10 r. 256
LAWS OF GUYANA
240 Cap. 12:21 Insolvency
[Subsidiary] Insolvency Rules
L.R.O. 1/2012
r. 113
Dated this…………….day of……………………..20…
Signed by the petitioner in my presence—
Signature of witness…………………………………
Address……………………………………………..
Description ……………………………………….
ENDORSEMENT
This petition having been presented to the Court on
the………………… day of…………………..……20……, it is
ordered that this petition shall be heard at …………….on the
……………………….. day of ………………..……….. 20…..., at
……………… o'clock in the……………………noon.
If you, the said J.S. or G.H., intend to dispute the
matter of any of the statements contained in the petition, you
must file with the Registrar a notice showing the grounds
upon which you intend to dispute the same.
___________
FORM 11
AFFIDAVIT OF TRUTH OF STATEMENTS IN PETITION
(Title)
I, the petitioner named in the petition hereunto
annexed, make oath (if the petitioner declare or affirm, alter
the form accordingly) and say—
1. That the several statements in the said petition are
within my own knowledge true. Sworn at, etc.
…………………………………….
(Signed) CD.
Note.—If the petitioner cannot depose that the truth
of all the several statements in the petition is within his own
LAWS OF GUYANA
Insolvency Cap. 12:21 241
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L.R.O. 1/2012
r. 113
knowledge he must set forth the statements the truth of which
he can depose to, and file a further affidavit by some person
or persons who can depose to the truth of the remaining
statements. If no such affidavit as to the act of insolvency can
be obtained, the statement may be verified by an affidavit
proving it to the best of the deponent's knowledge and belief.
_____________________
FORM 12
AFFIDAVIT OF TRUTH OF STATEMENTS IN JOINT PETITION
(Title)
We, CD., E.F., G.H., etc., the petitioners named in the
petition hereunto annexed, severally make oath and say—
And first I, the said CD., for myself say—

1. That A.B. is justly and truly indebted to me in the
sum of .....................................dollars as stated in the said
before-mentioned petition.
2. That the said A.B. committed the act (or acts) of
Insolvency stated to have been committed by him in the said
before-mentioned petition.
3. That A.B. resides (or carries on business) at................
And I, the said E.F., for myself say—
4. That A.B. is justly and truly indebted to me in the
sum of ............................. dollars, as stated in the said before-
mentioned petition.
And I, the said G.H., for myself say—
5. That A.B. is, etc.
LAWS OF GUYANA
242 Cap. 12:21 Insolvency
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L.R.O. 1/2012
r. 135
......................................................................
(Signed) CD.
E.F.
G.H.
Sworn by the deponents CD., E.F., and G.H., etc.
(See note to last Form.)
___________________
FORM 13
APPLICATION FOR INTERIM RECEIVER
(Title)
I, CD., of. ....................................... , do, on the grounds set
forth in the annexed affidavit, apply to the Court to
appoint the official Receiver as interim receiver of the
property of the said A.B., and (here insert any special
directions to the receiver that may be desired).
Dated this................. .. day of ........................................... 20....

...............……………………
(Signed)
CD.
ORDER THEREON
Upon reading this application and the affidavit
therein referred to, and hearing………………………….it is
ordered that upon a deposit of $...............................................
being lodged by the applicant with the Official Receiver, he be
thereupon constituted interim receiver of the property of the
said A.B., and (here insert directions, if any).
By the Court,
(Signed)…………………………………………
LAWS OF GUYANA
Insolvency Cap. 12:21 243
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L.R.O. 1/2012
r. 119
Registrar
Dated this............ day of ........................................... 20....
________________
FORM 14
AFFIDAVIT OF SERVICE OF PETITION
(Title)
In the matter of a petition dated the
…………………….. day of ……………………………… 20…..
I, L.M., of ……………………………, make oath and
say—
1. That I did, on the………….. day of ………………. 20
......., serve the above-mentioned A.B. with a copy of the
above-mentioned petition, duly sealed with the seal of the
Court, by delivering the same personally to the said A.B. at
(place) …………………… before the …………………………..
hour of ………………… in the ……………………………..
noon.
2. A sealed copy of the said petition is hereunto
annexed.
Sworn at, etc.
(Signed) L.M., creditor, solicitor, or
his clerk
Note.—If the service is effected on one partner on
behalf of his firm, the affidavit must, after the word "at,"
contain the words "being the principal place of business of the
said ……………………."
_______________________


LAWS OF GUYANA
244 Cap. 12:21 Insolvency
[Subsidiary] Insolvency Rules
L.R.O. 1/2012
r. 118 and 120
FORM 15
SUBSTITUTED SERVICE OF PETITION
NOTICE IN GAZETTE
In the High Court.
In Insolvency.
In the matter of an insolvency petition filed the
…………… day of………….………………………20…
To A.B, of………………………….
Take notice that an insolvency petition has been
presented against you to this Court by CD. of
………………….., and the Court has ordered that the
publication of this notice in the Gazette and in the
……………………………… newspaper, shall be deemed to be
service of the petition upon you; and further take notice that
the said petition will be heard at this Court on the ……………
day of….………………………20…,at…………o'clock in the
………. noon, on which day you are required to appear, and if
you do not appear the Court may make a receiving order
against you in your absence.
The petition can be inspected by you on application at
the office of the Registrar.
Dated this………… day of….………………………20…
(Signed)……………………………
Registrar .
___________________

LAWS OF GUYANA
Insolvency Cap. 12:21 245
[Subsidiary] Insolvency Rules
L.R.O. 1/2012
r. 118 and l20
r. 125
FORM 16
ORDER FOR A SUBSTITUTED SERVICE OF A PETITION
(Title)
In the matter of an insolvency petition filed
the……………… day of….………………………20…upon the
application of……….. …………………, and upon reading the
affidavit of…………………, of …………………………….
It is ordered that the sending of a sealed copy of the
above-mentioned petition together with a sealed copy of this
order, by registered post addressed to …………………..
and/or by publication in the Gazette and the
………………….newspaper of the presentation of such
petition, and the time and place fixed for the hearing of the
petition, shall be deemed to be good and sufficient service of
the said petition, on the said ……………………….on the
…………….day of completing such posting and/or
publication as aforesaid.
Given under the seal of the Court this………………
day of….………………………20…
By the Court,
(Signed)……………………………
Registrar .
___________________
NOTICE BY DEBTOR OF INTENTION TO OPPOSE
PETITION
(Title)
In the matter of an insolvency petition presented
against me on the…………………. day
of….………………………20…, by C.D. of …………………(or
FORM 17
LAWS OF GUYANA
246 Cap. 12:21 Insolvency
[Subsidiary] Insolvency Rules
L.R.O. 1/2012
s. 9(5)
and E.F. of. ……………………….., G.H., of, etc.).
I, the above A.B., do hereby give you notice that I
intend to oppose the making of a receiving order as prayed,
and that I intend to dispute the petitioning creditor's debt (or
the act of insolvency, or as the case may be).
Dated this………… day of….………………………20…
To CD., of…………….., and to…………………………
A.B., and to the Registrar.
__________________
FORM 18
ORDER TO STAY PROCEEDINGS ON PETITION
(Title)
In the matter of an insolvency petition against A.B., of
………. ………………………………..
Upon the hearing of this petition this day, and the
said A.B. appearing and denying that he is indebted to the
petitioner (where petition presented by more than one
creditor, add the name of the creditor whose debt is denied)
in the sum stated in the petition (or that he is indebted to the
petitioner in a sum of a less amount than two hundred and
forty dollars), or that he is indebted to CD., one of the
petitioners, in a sum less than the sum stated to be due from
him in the petition), it is ordered that the said A.B. shall
within…………... days enter into a bond in the penal sum of
(the amount of the alleged debt and probable costs, or such
other sum as the Court may direct) with such two sufficient
sureties as the Court shall approve of to pay (or deposit with
the Registrar the sum of…………………..as security for the
payment of) such sum or sums as shall be recovered against
the said A.B. by CD. the petitioner (or one of the petitioners)
LAWS OF GUYANA
Insolvency Cap. 12:21 247
[Subsidiary] Insolvency Rules
L.R.O. 1/2012
s. 9(5)
in any proceedings taken or continued by him against the said
A.B., together with such costs as shall be given by the Court in
which the proceedings are had.
And it is further ordered that upon the said A.B.
entering into the bond aforesaid, all proceedings on this
petition shall be stayed until after the Court in which the
proceedings shall be taken shall have come to a decision
thereon.
By the Court,
(Signed)……………………………
Registrar .
Dated this………… day of….………………………20…
___________________
FORM 19
BOND ON STAY OF PROCEEDINGS, ETC.
(Title)
Know all men by these presents, that we, A.B. of, etc.,
and CD. of, etc., and E.F. of, etc., are jointly and severally held
and firmly bound to L.M. of, etc., in…………………..dollars to
be paid to the said L.M., or his certain attorney, executors,
administrators, or assigns. For which payment to be made we
bind ourselves and each and every of us, our and each of our
heirs, executors, and administrators, jointly and severally,
firmly by these presents.
Signed and dated this.…..day of.…………….20……
Whereas an insolvency petition against the said A.B.
having been presented to the High Court, he did appear at the
hearing of the said petition and deny that he was indebted to
the petitioner (or to one or more of the petitioners), (or allege
LAWS OF GUYANA
248 Cap. 12:21 Insolvency
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L.R.O. 1/2012
that he was indebted to the
petitioner in the sum of……………………….dollars only).
with the provisions of the Insolvency Act issued out of the
High Court, applied to the said Court to dismiss such notice
on the ground that he was not indebted to the said L.M. (or
that he was not indebted to him to such an amount as would
support a petition in insolvency).
Now, therefore, the condition of this obligation is such
that if the above-bounden A.B., or the said CD., or E.F., shall
on demand well and truly pay or cause to be paid to L.M., his
attorney or agent, such sum or sums as shall be recovered
against the said A.B. by any proceedings taken or continued
within twenty-one days from the date hereof in any
competent Court by the said L.M. for the payment of the debt
claimed by him in the said petition, together with such costs
as shall be given to the said L.M. by such Court, this
obligation shall be void, otherwise shall remain in full force.
……………………………………
(Signed) A.B.
CD.
E.F.
Signed by the above bounden ………………. in the
presence of……………………………………
Note.—If a deposit of money be made, the
memorandum should follow the terms of the conditions of
the bond. This form may be adapted to other cases.
_______________

(or Whereas the said A.B. having been duly served with an
insolvency notice by L.M. of…………………...in accordance
LAWS OF GUYANA
Insolvency Cap. 12:21 249
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L.R.O. 1/2012
r. 32
FORM 20
NOTICE OF SURETIES
(Title)
In the matter of an insolvency petition (or) In the
Take notice that the sureties whom I propose as my
security in the above matter (here state the proceeding which
has rendered the sureties necessary) are (here state the full
names and descriptions of the sureties, and their residences
therein mentioning the places, streets, and numbers of lots, if
any).
Dated this……… day of….………………………20…
……………………………………..
(Signed) A.B.
To the Registrar of the Court, and to L.M.
of…………………………….
______________
FORM 21
AFFIDAVIT OF JUSTIFICATION
(Title)
In the matter of an insolvency petition against A.B, of
…………………………………
(or In the matter of an insolvency notice by L.M.
against A.B. of…………………………………)
I, E.F., of…………………………., one of the sureties
for ……………………… make oath and say—
r. 33
matter of an insolvency notice by CD. Of………………………
LAWS OF GUYANA
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1. That I am a householder (or, as the case may be),
residing (describing particularly the county or city, the street
or place, and the number of the house, if any).
2. That I am worth property to the amount of
$........................ (the amount required) over and above what
will pay my just debts (if security in any other action or for
any other purpose, add and every other sum for which I am
now security).
3. That I am not bail or security in any other matter,
action or proceeding, or for any other person (or if security in
any other action or actions add) except for CD. at the suit of
E.F. in the ……………….. Court in the sum of
$..........................; for G.H. at the suit of I.K. in the
………………… Court in the sum of $.................................
(specifying the several actions with the Courts in which they
are brought and the sums in which he has become bound).
4. That my property, to the amount of the said sum of
$............................(and if security in any other action, etc., over
and above all other sums for which I am now security as
aforesaid), consists of (here specify the nature and value of
the property in respect of which the deponent proposes to
become bondsman, as follows, stock in trade in my business
of……………. carried on by me at …………………… of the
value of $ ……………….of good book debts owing to me to
the amount of $ …………………..of furniture in my house at
…………………. of the value of $........................, of a freehold
(or leasehold) farm of the value of $....................., situate at
……………….occupied by ………………. or of a dwelling
house of the value of $........................... situate at
…………………….., occupied by …………………………, or of
other property, particularising each description of property,
with the value thereof).
5. That I have for the last six months resided at
LAWS OF GUYANA
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L.R.O. 1/2012
r. 15
r. 127, 133 and
134
……………………. (describing the place of such residence, or
if he has had more than one residence during that period state
it in the same manner as above directed).
Sworn at, etc.
……………………………………….
(Signed) E.F.
___________________
FORM 22
CERTIFICATE OF JUDGE FOR TRANSFER OF
PROCEEDINGS
(Title)
I hereby certify for the following reasons that
proceedings in this matter would in my opinion be more
advantageously conducted in the Court in the County of
………………………………..
(Here set out reasons.)
Dated this………… day of….………………………20…
……………………………….
(Signed) F.H.,
Judge
_________________
FORM 23
ADJOURNMENT OF PETITION
(Title)
Upon the hearing of the petition this day, it is ordered
that the further hearing of this petition be adjourned until the
…………… day of ………………… 20….,at …………..o'clock
in the noon.
By the Court,
(Signed)……………………………….
LAWS OF GUYANA
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L.R.O. 1/2012
s. 9(3)
s. 9(6)
Registrar
Dated this………… day of….………………………20…
_________________
FORM 24
DISMISSAL OF PETITION
(Title)
In the matter of an insolvency petition filed the (date).
Upon the hearing of this petition this day, and upon
reading …………………… .and hearing …………..……it is
ordered that this petition be dismissed (and that the petitioner
do pay to the said A.B. the taxed costs thereof). By the Court,
(Signed)……………………………….
Registrar
Dated this………… day of….………………………20…

Note.—If compensation be awarded it should be
included in this order.
______________
FORM 25
DISMISSAL OF PETITION UPON WHICH PROCEEDINGS
ARE STAYED WHERE A RECEIVING ORDER HAS BEEN
MADE ON A SUBSEQUENT PETITION
(Title)
Whereas a receiving order has been made against A.B.
upon a petition presented to this Court by 0.P.
of……………………, it is ordered that the insolvency petition
against the said A.B., presented to this Court by CD., of
…………………………, the proceedings on which were stayed
by order of Court of the ……………………..day of
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s. 12
r. 141
…………………… 20………., be dismissed (add terms if any).
By the Court,
(Signed)……………………………….
Registrar
Dated this…… day of….………………………20…
_________________
FORM 26
ORDER RESTRAINING ACTION, ETC., BEFORE RECEIVING ORDER
(Title)
Upon the application of ……………………..and upon
reading ……………………….it is ordered that L.M.,
of…………………….shall be restrained from taking any
further proceedings in the action brought by him (or upon the
judgment recovered or obtained by him) against the said A.B.
in (here state the Court in which proceedings are) or it is
ordered that the proceedings in the action (or suit) brought by
him against the said A.B. in (here state the Court in which
proceedings are) may be proceeded with on (here insert the
terms fixed by the Court).
By the Court,
(Signed)……………………………….
Registrar
Dated this………… day of….………………………20…
_________________
FORM 27
RECEIVING ORDER ON DEBTOR'S PETITION
(Title)
On the petition of the debtor himself, filed the (here
state date) a receiving order is hereby made against A.B.
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r. 141
(insert name, address and description of debtor as set out in
petition) and the Official Receiver is hereby constituted
receiver of the estate of the said debtor.
By the Court,
(Signed)……………………………….
Registrar
Dated this………… day of….………………………20…
Note.—The above named debtor is required
immediately on service of this order to attend the Official
Receiver at his office at the
_________________
FORM 28
RECEIVING ORDER ON CREDITOR'S PETITION
(Title)
On the petition of J.S., of ………………..., a creditor,
and hearing ………………………………and it appearing to
the Court that the following act or acts of insolvency has or
have been committed, viz.: (set out the nature and date or
dates of the act or acts of insolvency on which the order is
made).
A receiving order is hereby made against A.B. (insert
name, addresses and descriptions of the debtor as set out in
petition) and the Official Receiver is hereby constituted
receiver of the estate of the said debtor.
By the Court,
(Signed)……………………………….
Registrar
Dated this………… day of….………………………20…
Note.—The above-named debtor is required
filed the (insert date) and on reading …………………………
LAWS OF GUYANA
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r. 141
(Set out any
further order of
the Court).
immediately on service of this order to attend the Official
Receiver at his office at
______________
FORM 29
RECEIVING ORDER UNDER DEBTORS ACT
(Section 4(8))
In the matter of………………………….., a debtor.
Whereas an order was made against the above-named
debtor on the …………………….day……………………of 20
…., for the payment of his debts in full (or by instalments
of…………………..).
And whereas the debtor has made default in payment
of ……………………………. payable in pursuance of the said
order:
Now upon reading the consent of the judgment-
creditor that a receiving order should be made against the
debtor in lieu of an order for commitment to prison and the
prescribed fees having been paid: It is ordered that a receiving
order be made against the debtor in lieu of an order of
commitment to prison, and a receiving order is hereby made
against the debtor, and the Official Receiver is hereby
constituted receiver of the estate of the said debtor.
Dated this………… day of….………………………20…
By the Court,
(Signed)……………………………….
Registrar
Note.—The above-named debtor is required
immediately on service of this order to attend the Official
Receiver at his office at
_______________

LAWS OF GUYANA
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L.R.O. 1/2012
r. 52
NOTICE OF RECEIVING ORDER, ETC.
(For publication).
(Title)
Receiving order made …………………………..
Date of order in summary administration (if any) ……
Date of adjudication (if any)…………………………….
Date and place of first meeting ……………………….
Date of public examination ……………………………
(Signed)……………………………
Official Receiver
Dated this…………..day of………………………20
Note.—All debts due to the estate should be paid to
me.
_______________
APPOINTMENT OF SHORTHAND WRITER TO TAKE
EXAMINATION OF DEBTOR
(Title)
Upon the application of the Official Receiver
………………… the Court hereby appoints ………………… of
…………………. in the county of ………………………… to
take the examination of the said at his public examination this
day pursuant to Rule 52 of the Rules.
By the Court,
(Signed)……………………………….
Registrar
Dated this………. day of….………………………20…
______________
FORM 30 r. 143
FORM 31
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s. 18(3)
DECLARATION BY SHORTHAND WRITER
(Title)
I,………………………….of ……………………., the
shorthand writer appointed by this Court to take down the
examination of the said ……………………… do solemnly and
sincerely declare that I will truly and faithfully take down the
questions and answers put and given by the said
…………………. in the matter, and will deliver true and
faithful transcripts thereof as the Court may direct.
(Declared before me at the time and place above-
mentioned.)
(Signed)…………………………
Registrar
____________
FORM 33
MEMORANDUM OF ADJOURNMENT OF PUBLIC
EXAMINATION
(Title)
Order
Memorandum.—This being the day appointed for the
(a) ………………………. public examination of the above-
named……………., and the said having submitted himself for
such examination: now upon hearing Mr. …………………. the
Official Receiver in the above matter, and upon hearing
………………….. and it appearing …………………….., it is
ordered that the said public examination be adjourned to the
………… day of ……………………… 20…., at ………o'clock in
the………………….noon at………………….
And it is further ordered that the said…………….. do
attend at the said Court on the said ……………… day of
….…………… 20… for the purpose of being further examined
as to his conduct, dealings, and property. And it is further
FORM 32 r. 52
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r. 150
(a) Insert name
and address of
applicant and
the capacity in
which he
makes the
application.
(b) State what
the disability is.

r. 150
(a) Insert name
and address of
ordered that the said………………………………………
Dated this………… day of….………………………20…
By the Court,
(Signed)……………………………….
Registrar
______________

FORM 34
ORDER DISPENSING WITH PUBLIC EXAMINATION OF
DEBTOR
(Title)
Upon the application of the Official Receiver (or, of (a)
…………………. of………………...) in the above matter, and
upon reading…………………and upon hearing…………and it
appearing to the Court that the debtor is (b) ……………….. it
is ordered that the public examination of the debtor be
dispensed with.
By the Court,
(Signed)……………………………….
Registrar
Dated this………… day of….………………………20…
______________

FORM 35
ORDER AS TO EXAMINATION OF DEBTOR WHO IS
SUFFERING FROM MENTAL OR
PHYSICAL AFFLICTION OR DISABILITY
(Title)
Upon the application of the Official Receiver (or, of (a)
……………………of ……………………… ) in the above
matter, and upon reading ……………………. and upon
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applicant, and
capacity in
which he make
application.
(b) This part of
order to be
adapted to
circumstances
of case.
(c) Insert place
of examination.
(d) Insert name
of any other
person
authorised by
Court to attend.
r. 259
hearing ………………….and it appearing to the Court that the
debtor is suffering from physical disability which makes him
unfit to attend a public examination in Court (or as the case
may be), it is ordered that instead of a public examination of
the debtor (b)……………………the debtor be examined on
oath at (c)………………………… before the Registrar
…………………on…………………..the……………….day of
……………………20….., at ……………… o'clock or such other
time as having regard to the condition of the debtor may be
convenient, and that the Official Receiver and assignee and
(d) ………………… be at liberty to attend such
examination and take part therein.
Dated this……… day of….………………………20…
By the Court,
(Signed)……………………………….
Registrar
______________
FORM 36
ORDER FOR ADMINISTRATION IN INSOLVENCY OF
ESTATE OF DECEASED DEBTOR
(Title)
Upon the petition of C.D., dated……,……and upon
reading…………… and hearing………………….., it is ordered
that the estate of A.B., of……………………………….. who
died insolvent, be administered in insolvency, and that the
Official Receiver do administer the same, and that the costs of
this application be …………………
Dated this………. day of….………………………20…
By the Court,
(Signed)……………………………….
Registrar
______________

LAWS OF GUYANA
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L.R.O. 1/2012
r. 254
r. 178 and 300
FORM 37
APPLICATION FOR SUMMARY ADMINISTRATION
UNDER SECTION 105.
(Title)
I, G.H., the Official Receiver, hereby report to the
Court that the property of the debtor is not likely to exceed in
value $1,500, and I apply that the Court may order the estate
to be administered in a summary manner pursuant to section
105 of the Act.
…………………………………..
(Signed) G.H.,
Official Receiver
Dated this………. day of….………………………20…
______________
ORDER FOR SUMMARY ADMINISTRATION
(Title)
Upon the application of ………………….. and
reading…………………… it is ordered that the estate of the
above-named debtor be administered in a summary manner
pursuant to section 105 of the Act.
Dated this………… day of….………………………20…
By the Court,
(Signed)……………………………….
Registrar
______________
FORM 39
STATEMENT OF AFFAIRS
(Title)
To the Debtor.—You are required to fill up carefully
FORM 38 r. 255
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and accurately, this sheet and the several sheets, A, B, C, D, E,
F, G, H, I, J, and K, showing the state of your affairs on the
day on which the receiving order was made against you, viz.:
the…………..day of……………………….20……
Such sheets when filled up will constitute your
statement of affairs and must be verified by oath or
declaration.
Liabilities. Assets and Deficiency.
Preferential creditors as per List A … … … Creditors partly secured as per List B … … … Creditors fully secured as per List C …. …. … Unsecured creditors as per List D … … …
Liability of debtor on Bills other than his own accept- ances for value as per List E
Other liabilities as per List F
Total ..
$
cts. Property as per List H .. Debts due to the estate as per List 1 Bills of Exchange, promis- sory notes, etc., available as assets, as per List J … …. … Deficiency as per List K ..
Total ..
$ cts.


I, ……………………………of ……………………………., make
oath and say that the above statement and the several lists
annexed marked A, B, C, D, E, F, G, H, I, J, and K are, to the
best of my knowledge and belief, a full, true and complete
statement of my affairs on the date of the above-mentioned
receiving order made against me.
Sworn, etc.
LIST “A.”- PREFERENTIAL CREDITORS No. Name of
Creditor
Address
and
Occu-
pation
Nature
of Claim
Period
during
which
Claim
Date
when
due
Amount
of claim
Amount
payable
in full
Difference
ranking
for
Dividend
Claims made upon debtor not admitted to be due as per List G
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accrued
due

LIST “B."—CREDITORS PARTLY SECURED
No. Name of
Creditor
Address
and
Occupation
Amount of
Debt
Date
when con-
tracted
Con-
sideration
Particulars
of Security
Date
when
given
Estimated
value of
Security
Balance
of Debt un-
secured

LIST “C”- CREDITORS FULLY SECURED
No. Name
of Credi-
tor
Address
and
Occupa-
tion
Amount
of Debt
Date
when
con-
tracted
Con-
sidera-
tion
Particulars
of Security
Date
when
given
Estimated
value of
Security
Estimated
Surplus
from
Security

LIST "D."—UNSECURED CREDITORS

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The names to be arranged in alphabetical order and numbered
consecutively. No. Name Address
and
Occupation
Amount of
Debt
Date when
contracted
Consideration

LIST "E."—LIABILITIES OF DEBTOR ON BILLS OTHER THAN HIS
OWN ACCEPTANCE FOR VALUE No. Acceptor’s
Name and
Address
Date when
due
Amount Holder’s
Name and
Address
(if known)
Amount
expected to
rank against
Estate for
Dividend

LIST "F."—OTHER LIABILITIES
Full particulars of Liabilities not otherwise scheduled to be given
here
No. Name of
Creditor or
Claimant
Address and
Occupation
Amount
of
Liability
or
Claim
Date when
liability
incurred
Nature of
Liability


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LIST “G” —CLAIMS MADE UPON DEBTOR NOT ADMITTED TO BE DUE
No. Name of
Claimant
Address and
Occupation
Amount
Claimed
Nature
of
Claim
Reasons
for
non-
admission

LIST "H."—PROPERTY
Full particulars of every description of property in
possession and in reversion as defined by section 2 of the
Insolvency Act not included in any other list, are to be set
forth in this list.
Full Statement and Nature of Property Estimated to Produce
(a) Cash at Bankers .....................................................................................
(b) Cash in hand ...........................................................................................
(c) Cash deposited with Solicitor for petition ..........................................
(d) Stock in Trade at (cost $ ) .....................................................................
(e) Furniture, fixtures, fittings and utensils on trade premises
(f) Household furniture and effects ..........................................................
(g) Growing crops and tenant right at .......................................................
(h) Life Policies .............................................................................................
(i) OTHER PROPERTY (state particulars) ....................................................
LIST "I."—DEBTS DUE TO THE ESTATE

LAWS OF GUYANA
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No. Name of
Debtor
Residence
and Occu-
pation
Amount of Debt. When
Contracted
Estimated
to
produce
Particulars
of any
Securities
held for

LIST "J."—BILLS OF EXCHANGE, PROMISSORY NOTES, ETC., AVAILABLE AS ASSETS
No. Name of
Acceptor of
Bill or
Maker of
Note
Address,
etc.
Amount
of Bill or
Note
Date
when
due
Estimated to
produce
Particulars of any Property
held as Security for Payment
of
Bill or Not

LIST "K."—DEFICIENCY ACCOUNT
This account must contain explanations in detail of the losses, expenses, or other causes of the difference between the amount of indebtedness and of the assets.
$ c
.
Total
N.B.—The total should correspond with the amount of the
deficiency shown on the face of the statement of affairs.
Good Doubtful Bad
__________
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r. 300
FORM 40

FORM OF QUESTIONS
IN THE HIGH COURT.—IN INSOLVENCY
Re NOTICE
The following questions must so far as applicable be
answered by the debtor, and he is required to attend forthwith at
the office of the Official Receiver for that purpose.
(All answers must be numbered to correspond with the
numbers of the questions, and when the space is insufficient to answer
any question fully, the answer may be endorsed on the back.
Questions Answers
1. What is your full name?
2. At what place or places have you
carried on business during the
last six years?
3. Where have you resided during
the same period?
4. What has been your occupation?
5. When did you commence business?
6. What capital had at the time
(or on 1st of January, 20...)?
…………………………………………….
7. Have you ever been in partnership
with anyone? If so state with whom,

LAWS OF GUYANA
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………………………
……………………..

9. To what date are they posted?
kept, and where are they
8. What books of account have you
now under in respect thereof?
What liabilities (if any) are you
were the terms
Under what circumstances and what
When did the dissolution take place?
and if partnership dissolved
…………………….
capable of delivery?
under your control, and which are
property belonging to your estate and
securities, bonds, deeds, and other
to his officer, all moneys, negotiable
livered up to the Official Receiver, or
12. Have you produced to or de
……………………. securities, belonging to your estate ?
promissory notes, or other negotiable
11. Have you any bills of exchange,
petition?
at your bankers at the date of the
10.What money had you in hand or
………………………
.................................
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13. State shortly the nature of the
assets of your estate which will be
available towards the payment of your
debts and the amount which you
believe will be realised from such
assets?
…………………….
14. Have you any property in
reversion, remainder or expectancy ?
15. Is your life insured?

If so—In what office or offices ?
State dates, amounts, and
annual premiums of policies
Are the policies in your possession?
If not—
Where are they deposited and under
what circumstances?
16. Have you any lease of your
premises?
If so— When was it granted ? For what term? At what rent?
What is the actual rack rent value of the premises?
Where is the lease?
…………………….
…………………….
…………………….
…………………….
……………………
…………………….
…………………….
…………………….
…………………….
…………………….
.................................
LAWS OF GUYANA
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17. Are your premises insured
against fire?

If so—
In what office?

For what amount?

Where is the policy?
18. Have you underlet any premises
or portion of premises of which you
are tenant or lessee?
If so—
State particulars
19. What is the nature of your stock-
in-trade?

Is it insured against fire?

If so—
In what office?

And for what amount?

Where is the Policy?
20. Have you any other assets beyond
those you have already mentioned ?
…………………….
…………………….
…………………….
……………………
…………………….
…………………….
…………………….
…………………….
…………………….
………………….....
…………………….
…………………….
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21. Is any rent, rate or tax due in
respect to the premises occupied by
you? If so –
State amount and the date at which the
same became payable

22. What do you believe to be the
total amount of your indebtedness?
23. Is there any judgment against you
in respect of any matter?
If so state particulars and whether
execution has issued, or the judgment
creditor is in a position to issue
execution

Are there any proceedings against
you pending in any Court, with the
exception of those under the present
receiving order?

24. Have you hypothecated any bills
of lading, dock warrants, or other
securities of any kind?
If so, state particulars

25. Have you mortgaged, assigned, or
created any charge on any property?
……………………
……………………
……………………
…………………….
…………………….
……………….........
…………………….
…………………….
…………………….

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If so, state particulars
26. Have you executed any bill of sale
upon your stock-in-trade, furniture or
other personal effects?

If so, state particulars, date of bills of
sale and whether registered or not
27. Have you within the last three
months given any charge on your
property or made any special or
preferential payments to any
creditors?
If so –
State names and amounts paid.
28. Have you within the last twelve
months pledged any property ?
If so-
State particulars of such property, the
date when pledged, the amount
obtained, and how disposed of
Where are the pledge tickets?
What did the pledged property cost,
and what do you believe to be its
present value?
Has the pledged property been
paid for, if so, when?
…………………….
…………………….
…………………….
…………………….
…………………....
……………………
…………………….
…………………….
…………………….
……………………

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If not, state the name of the creditor
from whom it was obtained
29. When did you suspend payment of
your debts?
30. Have you paid for, or deposited
with your solicitor or agent, any sum
of money or security for payment of
the costs incurred, or to be incurred in
respect to your failure?
If so-
State particulars and amount
31. Has any meeting of your
creditors been held since you
suspended payment? If so, was
any statement of your affairs
presented to such meeting, and
where is it?
32. State the cause or causes of
your insolvency
33. When did you first become aware
that you were insolvent?
34. Have you contracted any debt
since you became aware of your
insolvency? If so, what expectation
had you of being able to pay such
debts?
……………………
…………………….
…………………….
…………………….
…………………….
……………………
…………………….
.................................
LAWS OF GUYANA
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35. Have you within the last three
years prepared any statement of your
affairs ? If so, at what date and what
results did the statement show?
36. Where are the statements?
37. When did you last take stock? Where is the stock account?
38. Are you aware of having com-
mitted any act of insolvency prior to
that on which the receiving order
against you was made?
If so, state act and date
39. Have you within the last twelve
months incurred any losses other than
losses in trade? If so, state particulars and dates
40. Have you drawn, or accepted, or
endorsed any accommodation bills?

If any such bills are now running,
state particulars
41. Have you any accounts showing
your income and your household and
personal expenditure during the last
three years?
42. What has been about the amount
……………………
…………………….
……………………
……………………
……………………
…………………….
……………………
…………………….
…………………….
……………………
…………………….
…………………….
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of your income during that period?
43. What has been about the annual
amount of your household and
personal expenditure during that
period?
44. Have you made any marriage or
post-nuptial settlement or any other
settlement of property within the last
ten years?

If so, state date, particulars, names of
trustees, and of the persons taking any
benefit thereunder

45. In the case of such a settlement (if
any) have you evidence that, at the
time of making it, you were able to
pay all your debts without the aid of
the property thereby settled?

46. Was any statement of your affairs
prepared at the date of such
settlement, and if so, where is it?

47. Who holds the deed or deeds of
settlement, and can you produce a
copy or copies?

48. Have you now disclosed the whole
of your estate and effects?

49. Have you previously been
insolvent or made any assignment for
……………………
…………………….
…………………….
…………………….
…………………….
……………………
……………………
…………………….
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.
the benefit of your creditors, or any
statutory or other arrangement or
composition?
If so –
State the date, the amount of the
dividend paid and whether you
obtained a release or discharge
50. Is it your intention to make any
proposal to your creditors for the
satisfaction of your indebtedness
either by composition or scheme of
arrangement or otherwise?
51. Can you state the nature and terms
of any proposal you intend to make?
…………………….
…………………….

……………… ……………………………
The foregoing answers are, to the best of my
knowledge, information and belief, correct.
(Signed) .....................................
The above-named
debtor
Witness ...........................
______________
Dated this .... day of. ................................ 20.........
…………………….
.................................
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s. 18(8)
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FORM 41
MEMORANDUM OF PUBLIC EXAMINATION OF DEBTOR
(Title)
MEMORANDUM.—That I, the above-named debtor,
being duly sworn and examined make oath and say that the
notes of my public examination marked A and appended
hereto were read over to me, and are correct.
And I further say, that at the time of this my
examination, I have delivered up to the Official Receiver or
assignee of my estate all property, estate and effects, and all
books, papers and writings relating thereto.
And I further say that I have made a fuller disclosure
of all my assets and of all my debts and liabilities of whatever
kind that I have not removed, concealed, embezzled or
destroyed any part of my estate, real or personal, nor any
books of accounts, papers or writings relating thereto, with an
intent to defraud my creditors. (Here insert any special matter.)
…………………………………….
(Signed) A.B.
______________
FORM 42
ORDER OF COURT THAT EXAMINATION IS CONCLUDED (Title)
Whereas the above-named A.B., has duly attended
before the Court and has been publicly examined as to his
conduct, dealings and property:
And whereas the Court is of opinion that the affairs of
the said A.B. have been sufficiently investigated, it is hereby
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s. 17(3)
ordered that the examination of the said A.B. is concluded.
By the Court,
(Signed)...........................................
Registrar Dated this…….day of……………………………….. 20...
________
FORM 43
APPLICATION FOR ADJUDICATION UNDER SECTION 17
(Title)
The Official Receiver in the above matter reports to
the Court—
That a receiving order was made against the above
debtor on the…………….day of…………….………….. 20...
That a copy of the form hereunto annexed was to the
said debtor on …….day of……………….………….. 20....
That the debtor has not submitted a statement of
and in relation to his affairs as required by section 17 of the
Insolvency Act nor has he furnished the Official Receiver
with any reasonable excuse for his failure to do so.
The Official Receiver accordingly in pursuance of
section 17 of the Insolvency Act makes application to the
Court to adjudge the said debtor …………………….
insolvent.
Dated this ................ …….day of………………….. 20.........

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debtor has, in
writing,
consented to be
adjudged
insolvent; or
notice of this
application was
given him on
.......... day of
.......... by .........”
(Signed) ......................................... Official Receiver
____________
FORM 44
APPLICATION FOR ADJUDICATION (AFTER RESOLUTION FOR
INSOLVENCY) OR UNDER SECTION 21, OR RULE 152
(Title)
The Official Receiver of the estate of the above-named
debtor hereby reports to the Court—
(a) (That at the first meeting of the creditors of the
said debtor ……………held at………………………………..on
the …………………day of …………..20……… , the
following resolution was passed—
"That .......................... , the above-named debtor, shall
be adjudged insolvent, and that the Official Receiver do apply
to the Court to make the adjudication) or state such other of
..................... the grounds mentioned in section 21 or rule 152
as may be applicable.
(a) writing,
And the Official Receiver accordingly, in pursuance of
section 21 of the Insolvency Act makes application to the
Court to adjudge the said debtor………………..insolvent."
Dated this .... ……………..day
of……………....20………. ..................................... ............ was
given him
on (Signed) .........................................
Official Receiver
_________
(a) "That the
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(a)” The debtor
has, in writing,
consented to
the Court
adjudging him
insolvent”
FORM 45
APPLICATION FOR ADJUDICATION; NO QUORUM;
SUMMARY ADMINISTRATION
(Title)
SUMMARY CASE
The Official Receiver reports to the Court—
That a receiving order was made against the above-
named debtor on the……….day of………. .... 20 .........
That an order for the summary administration of the
estate of the debtor was made on the……day of 20 .................
That the first meeting of creditors was duly
summoned to be held at………….. on the …………day of
……..…… 20…..
That creditors qualified to vote not being present or
represented thereat to form a quorum no resolution was
passed.
That (a)
The Official Receiver accordingly, in pursuance of
section 21 of the Insolvency Act makes application to the
Court to adjudge the said debtor……………..…….insolvent.
Dated this .... ….day of……..20 ..............
on (Signed) .........................................
Official Receiver
_________
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FORM 46

ORDER OF ADJUDICATION
(Title)
Pursuant to a petition dated…………………………….
against (here insert name, description, and address of
debtor) on which a receiving order was made, on the (date),
and on the application of (here insert "the Official Receiver"
or "the debtor himself" or "A.B. of. …………………. a
creditor"), and on reading …………………………. and
hearing ……………………. it is ordered that the debtor be
and the said debtor is hereby adjudged insolvent.
Dated this .... …….day of……………..…....20……….
By the Court,
(Signed).........................................
Registrar
Or,
Whereas pursuant to a petition
dated………………………… against A.B. a receiving order
was made on the (date) and whereas it appears to the Court
that at the first meeting of creditors held on the (date) (or at
an adjournment of the first meeting of creditors) it was duly
resolved that the debtor be adjudged an insolvent. It is
ordered that the debtor be and the said debtor is hereby
adjudged insolvent.
Dated this .... ..day of……………..…....20……….
By the Court,
(Signed).........................................
Registrar ____________

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FORM 47
ORDER OF ADJUDICATION AFTER RECEIVING ORDER UNDER SECTION 5 OF THE DEBTOR'S ACT
(Title)
Whereas a receiving order was made against the
above-named debtor on the …… day of…………………. 20….,
upon the hearing of an application for his commitment to
prison for default in payment of moneys pursuant to an order
of the Court, and in lieu of his commitment to prison for such
default.
And whereas it appears to this Court that (grounds of
application for adjudication).
It is ordered that the debtor be and the said debtor is
hereby adjudged insolvent.
Dated this .... …………..day of………….…....20……….
By the Court,
(Signed).........................................
Registrar
_______
FORM 48
NOTICE OF ADJUDICATION
In insolvency. Notice is hereby given that (here insert
name, address and description of insolvent) was on the
…..day of ………………………………………20…...,adjudged
insolvent by the High Court.
…………………………
(Signed) G.H.,
Official
Receiver
_______
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FORM 49
APPLICATION TO ANNUL ADJUDICATION UNDER SECTION 32 (Title)
I, R.S., of...............................................being interested
in this matter do hereby make application to the Court that
the order of adjudication against A.B. be annulled (here state
grounds of application). Dated this ................................. day
of......................... 20....
…………………………
(Signed) R.S.
_________

FORM 50
ORDER ANNULLING ADJUDICATION UNDER SECTION 32 (Title)
On the application of R.S., of ........................... and on
reading and hearing…………………………….it is ordered
that the order of adjudication dated…………………..against
A.B., of………………….., be and the same is hereby annulled.
By the Court,
(Signed)………………...
Registrar
___________
Dated this .... day of. ................................ 20 ........
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FORM 51
APPLICATION FOR ORDER OF DISCHARGE
(Title)
I, A.B., of……………………., having been adjudged
insolvent on the ………………… day of ……………………
20….., and being desirous of obtaining my discharge, hereby
give you notice that I intend to apply to the Court for my
discharge.
…………………………………….
(Signed) A.B.
To the Registrar
____________
FORM 52
NOTICE OF APPLICATION FOR DISCHARGE
(Title)
Notice is hereby given that the insolvent A.B., of .......... ,
has applied to the Court for his discharge, and that the Court
has fixed the …………………………… day of………………….
20……, at ……………………………… o'clock for hearing the
application.
(Signed) ..........................
Registrar
To the Official Receiver and Mr. .......................... .
assignee of the estate of the insolvent. _______


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FORM 53
ORDER GRANTING DISCHARGE UNCONDITIONALLY (Title)
On the application of A.B., of etc., adjudged insolvent on the
............................day of. ............................. 20....... and upon
taking into consideration the report of the Official Receiver, as
to the insolvent's conduct and affairs, including the
insolvent's conduct during the proceedings under his
insolvency, and upon hearing the Official Receiver, and C.D.,
E.F., etc., creditors, and G.H., the trustee (as the case may be).
And whereas it has not been proved that the insolvent
has committed any misdemeanour under the Insolvency Act or the Debtors Act or any misdemeanour or felony connected with his insolvency (or as the case may be) and proof has not been made of any of the facts mentioned in section 29(3) or in section 30 of the Insolvency Act or that the insolvent has been guilty of any misconduct in relation to his property and affairs, it is ordered that he be and he hereby is discharged.
_______
FORM 54
ORDER REFUSING DISCHARGE
(Title)
On the application of A.B., of etc., adjudged insolvent
on the day ……………..………of …………………….. 20…… ,
and upon taking into consideration the report of the Official
Receiver, as to the insolvent's conduct and affairs, including
the insolvent's conduct during the proceedings under his
insolvency, and upon hearing the Official Receiver, and (state
the other parties who appeared).
And whereas it has been proved that the insolvent has
committed the following misdemeanours (or felonies),
namely—
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(Here state particulars.)
Or,
And whereas it has not been proved that the insolvent
has committed any of the misdemeanours or felonies
mentioned in section 29 of the Insolvency Act but proof has
been made of the following facts under section (29(3) and/or)
section 30 of the Insolvency Act, namely—
(Here state particulars.)
and/or that he has been guilty of misconduct in relation to his
property and affairs, namely—
(Here state particulars.)
It is ordered that the insolvent's discharge be and it is
hereby refused.
Dated this ………………… day of …………………….
20…..
By the Court,
(Signed)………………………..
Registrar
_______
FORM 55
ORDER SUSPENDING DISCHARGE
On the application of (commencement as in Form 53).
And whereas it has not been proved that the insolvent
has committed any of the misdemeanuors or felonies
mentioned in section 29 of the Insolvency Act (or it has been
proved that the insolvent has committed the following
misdemeanours) (and/or felonies), namely (set them out), but
the Court has for the following special reasons (state them)
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determined that his discharge shall not on that ground be
absolutely refused; but proof has been made of the following
facts under section 29(3) and/or section 30 of the Insolvency
Act.
(Here state particulars.)
and/or that he has been guilty of misconduct in relation to
his property and affairs namely—
(Here state particulars.)
It is ordered that the insolvent's discharge be
suspended until a dividend of not less than fifty cents in the
dollar has been paid to the creditors, with liberty to the
insolvent at any time after the expiration of two years from
the date of this order to apply for a modification thereof,
pursuant to section 29 of the Act.
Or,
It is ordered that the insolvent's discharge be
suspended for ..................................................................................
........... years, and that he be discharged as from the ..................
day of ……………………………. 20…..
Dated this …… day of…………………….20…….
By the Court,
(Signed) ...........................
Registrar
______
FORM 56
ORDER OF DISCHARGE SUBJECT TO CONDITIONS AS TO EARNINGS,
AFTER ACQUIRED PROPERTY AND INCOME
(Title)
On the application of....................... , adjudged
insolvent on the …………… day of ………………20…., and
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(a) Further
recitals to be
inserted.
(b) This recital
to follow the
other forms
with necessary
variations.
upon taking into consideration the report of the Official
Receiver as to the insolvent's conduct and affairs, and ( a)
And whereas it has not been proved (b) ................................
It is ordered that the insolvent be discharged subject to the
following conditions as to his future earnings, after acquired
property, and income—After setting aside out of the
insolvent's earnings, after acquired property, and income, the
yearly sum of $ ……….… for the support of himself and
his family the insolvent shall pay the surplus, if any (or such
portion of such surplus as the Court may determine), of such
earnings, after acquired property, and income to the Official
Receiver (or assignee) for distribution among the creditors in
the insolvency. An account shall on the first day of January in
every year, or within fourteen days thereafter, be filed in
these proceedings by the insolvent, setting forth a statement
of his receipts from earnings, after acquired property, and
income during the year immediately preceding the said date,
and the surplus payable under this order shall be paid by the
insolvent to the Official Receiver (or assignee) within fourteen
days of the filing of the said account.
Dated this ….…………………… day of ……………….
20…….
By the Court,
(Signed)………………………….
Registrar
_______

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(a) Formal
parts and
recitals as in form
FORM 57
ORDER OF DISCHARGE SUBJECT TO A CONDITION REQUIRING
THE INSOLVENT TO CONSENT TO JUDGMENT BEING ENTERED UP AGAINST HIM
(Title)
On the application (a).
It is ordered that the insolvent be discharged subject
to the following condition to be fulfilled before his discharge
takes effect, namely, he shall, before the signing of this order,
favour of the Official Receiver (or assignee) for the sum of $
………………. being the balance (or part of the balance) of the
debts provable in the insolvency which is not satisfied at the
date of this order and costs, or $.......................... for costs.
And it is further ordered, without prejudice and
subject to any execution which may be issued on the said
acquired property of the insolvent in manner following, that
is to say, after setting aside out of the insolvent's future
earnings and after-acquired property a yearly sum of
$..............................for the support of himself and his family,
the insolvent shall pay the surplus, if any (or such portion of
such surplus as the Court may determine), to the Official
Receiver (or assignee) for distribution among the creditors in
the insolvency. An account shall, on the 1st day of January
in each year or within fourteen days thereafter, be filed in
these proceedings by the insolvent, setting forth a statement
of his receipts from earnings, after acquired property, and
income, during the year immediately preceding the said
date, and the surplus payable under this order shall be paid
by the insolvent to the Official Receiver (or assignee) within
fourteen days of the filing of the said account. And it is
further ordered that, upon the required consent being given,
consent to judgment being given against him in
be paid out of the future earnings and after
judgment with the leave of the Court, that the said sum of $
................
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judgment may be given against the insolvent for the said
sum of $ ........................... together with costs of judgment.
By the Court,
(Signed)…………………
Registrar ___________

FORM 58
CONSENT OF INSOLVENT TO JUDGMENT BEING ENTERED FOR BALANCE OR PART OF BALANCE OF PROVABLE DEBTS
Re,
I, A.B., of. ........................... , the above-named insolvent
do hereby consent to judgment being given in favour of the
Official Receiver (or trustee) for the sum of $ ……………….
being the balance, or part of the balance, of the debts provable
under my insolvency which is not satisfied at the date of my
discharge; but this consent is subject to the provision
contained in the Insolvency Act with regard to the issue of
execution on such judgment. Dated this ……………. day of ………………… 20….
…………………………………
(Signed) A.B.
___________
Dated this ... day of. ................................ 20 .........
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FORM 59
AFFIDAVIT BY INSOLVENT WHOSE DISCHARGE HAS BEEN
GRANTED CONDITIONALLY AS TO AFTER-ACQUIRED PROPERTY
OR INCOME (Title)
I, .......................... , the above-named debtor, make oath
and say as follows—
1. I have since the date of my discharge resided and
carried on business at …………………… and I now reside and
carry on business at…………………………..

2. The statement hereto annexed is a full, true, and
complete account of all moneys earned by me and of all
property and income acquired as received by me since the
date of my discharge (or since the date when last I filed a
statement of after-acquired property and income in Court,
namely the…………………day of…………….. 20...)
Sworn at, etc.
(Signed) ...........................
Debtor
_______
FORM 60
CERTIFICATE FOR REMOVAL OF DISQUALIFICATION (Title)
Whereas an order of discharge was on the
...........................................................................................................
day of…………………………... 20 …...granted to A.B., of the
above-named insolvency, it is hereby certified that the
insolvency of the said A.B. was caused by misfortune without
any misconduct on his part.
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Dated this ………… day of…………………….. 20…..
By the Court,
(Signed) ...........................
Registrar ________

FORM 61
ORDER APPROVING COMPOSITION OR SCHEME (Title)
On the application of. ……………………………., and
on reading the report of the Official Receiver and hearing the
Official Receiver and being satisfied that the creditors in the
above matter have duly accepted and approved a
composition (or scheme) in the following terms, namely (here
insert terms if short; if not short "in the terms contained in
exhibit A, annexed hereto"),* and being satisfied the said
terms are reasonable and calculated to benefit the general
body of creditors and that the case is not one in which the
Court would be required, if the debtor were adjudged
insolvent, to refuse an order of discharge,
(and as the case may be).
And being satisfied—
(a) that no facts have been proved which would justify the
Court in refusing, qualifying or suspending an order of
discharge; or
(b) that facts have been proved which would justify the
Court in refusing, qualifying or suspending an order of
discharge but that having regard to the nature of such facts,
and the composition (or scheme) providing reasonable
security for payment of not less than fifty cents in the dollar
on all the unsecured debts provable against the debtor's
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estate.
The said composition (or scheme) is hereby approved.
Or after*
And being satisfied that the said terms are not
reasonable or calculated to benefit the general body of
creditors,
and/or after*
and/or being satisfied
(a) that the case is one in which the Court would be
required, if the debtor were adjudged insolvent, to refuse his
discharge;
(b) that facts have been proved which would under the
Act justify the Court in refusing, qualifying or suspending the
debtor's discharge, the Court doth refuse to approve the said
composition (or scheme).
Dated this …………………… day of …………………
20……
N.B.—If the terms of the composition or scheme be
contained in an exhibit annexed to the order, each page of the
exhibit must be initialed by the Registrar.
________

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s.19(14) and 24
s. 19(14) and 24
FORM 62
APPLICATION FOR ENFORCEMENT OF PROVISION IN A COMPOSITION
(Title)
In the matter of a composition made by A.B.,
of………………
I, F.M., of……………………….., do apply to this Court
for an order for the enforcement of the provisions of the said
composition against………………………, on the ground set
forth in the annexed affidavit.
Dated this……….. day of …………………….. 20….
………………………………..
(Signed) F.M.
________
FORM 63
AFFIDAVIT IN SUPPORT OF APPLICATION FOR ENFORCEMENT OF PROVISIONS OF A COMPOSITION
(Title)
In the matter of a composition made by A.B., of. ...........
I, F.M., of ............................ , make oath and say—
1. That I am interested in the said composition,
having proved my debt as a creditor of the said A.B. (or as the
case may be)
2. That (one of) the provisions of the said composition
is (or are) that (here set it or them out).

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3. That ………………… has failed to comply with the
said provisions (or as the case may be).
Sworn at, etc.
…………………………………..
(Signed) F.M.
_____________

FORM 64
ORDER FOR ENFORCEMENT OF PROVISIONS IN A COMPOSITION
(Title)
In the matter of a composition made by A.B., of……..
Upon hearing the application of M.F., of….and
reading (here insert evidence) the Court being of opinion that
the provisions of the said composition mentioned in the said
affidavit should be enforced, it is ordered that (here insert
order).
Dated this ……………. day of ……………….. 20…..
By the Court,
(Signed)………………………….
Registrar
To ...............................
Take notice that unless you obey the directions
contained in this order, you will be deemed to have
committed a contempt of Court.
__________
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.
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FORM 65
CERTIFICATE OF APPROVAL OF SCHEME OR COMPOSITION (Title)
I hereby certify that a composition (or scheme of
arrangement) between A.B. of the ……………………. above-
named debtor, and his creditors was duly approved by the
Court ………………………on the…… day of ………………….
20……
Dated this…………….day of …………………. 20……
(Signed)………………………
M.N.
Registrar
________
FORM 66
AFFIDAVIT OF PROOF OF DEBT WITH OR WITHOUT SECURITY (Title)
I, ……………………………….., of. ............................
make oath and say—
1. That the said A.B. was at the date of the receiving
order and still is justly and truly indebted to (me) in the sum
of………………….. for (state consideration and insert or
annex a summary of account and describe generally any
vouchers necessary to substantiate the debt) for which said
sum or any part thereof I say that (I) have not nor hath any
person by my order or to my knowledge or belief for (my)
use had or received any manner of satisfaction or security
whatsoever, save and except the following—

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(Here set out the particulars of all securities held, and
where the securities are on the property of the debtor assess
the value of the same, and if any bills or other negotiable
securities be held specify them in the schedule.)
Date Drawn Acceptor Amount Date
when due

Sworn, etc.
(When affidavit is made by a clerk alter the form
accordingly, and add the following.)
That I am in the employ of C.D., and that I am duly
authorised by him to make this affidavit, and that it is
within my own knowledge that the aforesaid debt was
incurred, and for the consideration above stated, and that
such debt, to the best of my knowledge and belief, still
remains unpaid and unsatisfied.
________

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r. 180 r.181 (а) Fill in full name, address and occupation of deponent. (b) The above named debtor or the fore- man of the above-named debtor or on behalf of the workmen and others em- ployed by the above-named debtor. (c) "I" or "the said." (d) My "em- ploy" or "the employ of the above- named debtor." (e) "Me" or "the
FORM 67
AFFIDAVIT OF PROOF OF DEBT BY AGENT OF A COMPANY (Title)
I, …………………………… of…………………secretary
(or manager or other officer) of ................................. (here state
name of corporation) make oath and say that I am duly
authorised by …………………….. (here set out the name and
style of the corporation), to make the proof of debt on its
behalf (then follow last affidavit, altering form accordingly).
NOTE.—This form may also be incorporated in the
proof in the same manner as is provided in the case of a clerk
proving for his employer.
___________
FORM 68
PROOF OF DEBT OF WORKMEN
(Title)
I, (a) .............................. , of……………………(b)make
oath and say—
That (c)………..at the date of the receiving order, viz.,
the ........................................ day of…………….20…….,and still
justly and truly indebted to the several persons whose
names, addresses, and descriptions appear in the schedule
endorsed hereon in sums severally set against their names in
the sixth column of such schedule for wages due to them
respectively as workmen or others in (d)………………….in
respect of services rendered by them respectively to
(e)……………….during such periods before the date of the
receiving order as are set out against their respective names
in the fifth column of such schedule for which said sums, or
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above- named debtor."
any part thereof, I say that they have not, nor hath any of
them, had or received any manner of satisfaction or security
whatsoever.
(Signed)…………………
Deponent
Sworn at…………………..in the county of…………….
this ..........day of……………………… 20……
Before me,
SCHEDULE
1.
No.
2. Full
Name of Work-
men
3.
Address
4.
Descrip-
tion
5. Period over
which Wages
Due
6. Amount
Due
$ c
.
(Signed) ..........................
Deponent
(Signed) ..........................
Commissioner, or Officer administering Oath
____________
L.R.O. 1/2012
LAWS OF GUYANA
Insolvency Cap. 12:21 299

L.R.O. 1/2012
(a) If proof wholly rejected strike out words in italics. (b) 21 days or 7 days as the case may be . See Rules 189 and 191 (2) r. 206
FORM 69
NOTICE OF REJECTION OF PROOF OF DEBT (Title)
Take notice, that as Official Receiver of the above
estate, I have this day rejected your claim against such estate
(a) to the extent of $ ………………………… on the following
grounds—
And further take notice that if you are dissatisfied
apply to the Court to reverse or vary the same, but subject to
the power of the Court to extend the time, no application to
reverse or vary my decision in rejecting your proof will be
entertained after the expiration of (b)……………………
days from this date.
Dated this ................ day of. ................................ 20 ........
(Signed) ..........................
Official Receiver
Address .............................................
To ........................................................
____________
FORM 70
GENERAL PROXY
(Title)
I, C.D., of……………………., a creditor, hereby
appoint the Official Receiver (or Mr. A.B.,
of…………………………., a clerk in my regular employ) to
[Subsidiary] Insolvency Rules
with my decision in respect of your proof, you may
rr. 186 and 187
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be my general proxy in the above matter (excepting as to the
receipt of dividends).
…………………………………………..
(Signed) C.D.
Dated this ................ ……..day of……………………….20……
(Signed)………………
Witness
Address .............................................
NOTE.—When the creditor desires that his general
proxy should receive dividends he should strike out the
words "excepting as to the receipt of dividends" putting his
initials thereto. The creditor must fill up blanks in his own
handwriting, or the name of the person filling them up must
be stated. It is not intended that the Official Receiver shall in
any case receive dividends on behalf of a creditor. The
authorised agent of a corporation may fill up blanks, and
sign for the corporation, e.g. for the……………………………
company.
J.S. (duly authorised by the
company).
A proxy given by a creditor may be filled up and
signed by any person having a general authority in writing
to sign for such creditor such person shall sign, J.S. (duly
authorised by a general authority in writing to sign on behalf
of (name of creditor)).
The proxy must be lodged with the Official Receiver
or assignee not later than four o'clock of the afternoon of the
day before the meeting at which it is to be used.
________________
LAWS OF GUYANA
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L.R.O. 1/2012
r. 206
r. 158 and 206
FORM 71
SPECIAL PROXY
(Title)
I, C.D., of. ............................ , a creditor, hereby appoint
the Official Receiver (or Mr. A.B., of) as my proxy at the
meeting of creditors to be held on the ……………………….
day of…………………………… 20…, to vote for (or against)
(here specify the particular resolution or name of proposed
assignee).
……………………………………………
(Signed) C.D.
Dated this……….day of …………………… 20………
(Signed) .........................
Witness
Address .............................................
NOTE.—The creditor must fill up blanks in his own
handwriting, or the name of the person filling them up must
be stated. The authorised agent of a corporation may fill up
blanks and sign for the corporation, e.g. for the
……………………..company.
J.S. (duly authorised by the
company)
__________________
FORM 72
VOTING LETTER UNDER SECTION 19(4)
Re..................................... Date ..........................................
Address .............................................
Sir,
I REQUEST you to record my vote for (or against) the
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r. 211
above proposed composition (or scheme of arrangement) in
the said matter.
(Signed) J.S.
(Signed) ...........................
Witness
Address ..............................................
To the Official Receiver of the estate of ..............................................
N.B.—The letter must be sent in so as to reach the
Official Receiver not later than four o'clock on the day before
the meeting.
FORM 73
NOTICE TO CREDITORS OF FIRST MEETING
(Title)
Notice is hereby given that the first meeting of
creditors in the above matter will be held on
the………………day of…………… 20…. at (insert place) at
(insert hour).
To entitle any creditor to vote thereat his proof must
be lodged with me not later than 4 o'clock on the
………………… day of………………………. 20……
Forms of proxies can be obtained from me on
payment of………………….
The Public Examination of the debtor is fixed for the
……………….day of………………………. 20………………..
at………………………..
Dated this…………day of………………………20…….
L.R.O. 1/2012
-------------------------
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r. 211
(Signed)………………………………
Official Receiver
NOTE. At the first meeting the creditors may (amongst other
things)—
1. By special resolution resolve to entertain a proposal for a
composition or scheme under s. 19 of the Act, either with or
without the intervention of an assignee.
2. By ordinary resolution resolve that the debtor be
adjudged insolvent, and if the estate exceeds $1,500 appoint an
assignee.
3. By ordinary resolution fix the remuneration of the
assignee, or resolve that the same be left to the committee of
inspection, but if one-fourth in number or value of creditors dissent
from the resolution fixing the assignee's remuneration the Official
Receiver is to fix his remuneration.
4. By ordinary resolution to appoint a committee of
inspection from among the creditors qualified to vote or the holders
5. By ordinary resolution determine the remuneration to be
paid to the special manager if one be appointed.
__________

FORM 74
NOTICE TO CREDITORS OF FIRST MEETING IN SUMMARY CASE WHERE DEBTOR HAS NOT SUBMITTED AN OFFER OF
COMPOSITION (Title)
SUMMARY CASE
(Under Receiving Order dated the …………day
of……………20.......)
Notice is hereby given that the first meeting of the
creditors in the above matter will be held at …………..on the
………………..day of…………………… 20……….., at o'clock
in the ………..noon, for the purpose of receiving a report by
of general proxies or general powers of attorney for such creditors.
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the Official Receiver upon the position of the estate.
The debtor has been adjudged insolvent, and an order
for summary administration has been made by the Court.
Under section 105 of the Insolvency Act the Official
Receiver is the assignee in the insolvency, but the creditors
can, by special resolution, appoint an assignee in his place.
To entitle you to vote thereat your proof must be
lodged with me not later than ……….. o'clock ……………..
on the……………day of………………………...20……

Proxies to be used at the meeting must be lodged with
me not later than………………o'clock………….. on the
…………..day of 20….

The public examination of the debtor is fixed for
the………….day of………………….20……….at………o'clock
in the…………………………noon at………….
Any creditor who has tendered a proof, or his
representative authorised in writing, may question the
debtor on his public examination concerning his affairs and
the causes of his failure.
Dated this………day of………………20 .....................
(Signed)………………………
Official Receiver
________
LAWS OF GUYANA
Insolvency Cap. 12:21 305
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L.R.O. 1/2012
r. 158 and 211
FORM 75
NOTICE OF FIRST OR OTHER MEETING WHERE DEBTOR SUBMITS AN OFFER OF COMPOSITION OR SCHEME (WHERE NO ORDER FOR
SUMMARY ADMINISTRATION HAS BEEN MADE) (Title)
(Under Receiving Order dated the............................ day
of…………………………………20 ........................................ )
Notice is hereby given that a general meeting of the
creditors of the above-named debtor will be held
at………………on the day of…………………………..20……..
at ……………….o'clock, in the …………… noon, precisely.
Creditors qualified to vote at such meeting may, by a
resolution passed by a majority in number, and three-fourths
in value, of all the creditors who have proved their debts,
accept the proposal made by the debtor for a composition (or
scheme), the terms of which are set forth in the
accompanying report, or any amendment of such proposal
which in the opinion of the Official Receiver is calculated to
benefit the general body of creditors.
Proofs of debts intended to be used at the meeting
must be lodged with the Official Receiver not later than
…………… o'clock, on the ………………………….. day of
……………………20….
Proxies and voting letters to be used at the meeting
must be lodged not later than………….o'clock, …………….,
on the.…………. day of ……………………….20……

Creditors who prove their debts, and whose proofs
are admitted and who do not vote on the debtor's proposal,
will be reckoned as voting against it.
A sitting of the Court for the public examination of
the debtor will be held at…………………, on the……………..
day of ……………………… 20…., at……….o'clock in the
……………..noon.
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rr. 158 and 211
Any creditor who has tendered a proof, or his
representative authorised in writing, may question the
debtor on his public examination concerning his affairs and
the causes of his failure.
Dated this…………...day of…………………… 20…..
(Signed) ...............
Official Receiver
NOTE 1.—Creditors who have proved may vote for or
against the acceptance of the debtor's proposal by means of a
voting letter.
NOTE 2.—If the proposal be not accepted the meeting
may, if the debtor has not already been adjudged insolvent,
resolve on his adjudication, ditto and in that case, they may
also by ordinary resolutions appoint an assignee and a
committee of inspection, and fix the remuneration of the
assignee or resolve that it be left to the committee of
inspection.
__________
FORM 76
NOTICE OF MEETING IN A SUMMARY CASE WHERE DEBTOR SUBMITS AN OFFER OF COMPOSITION OR SCHEME
(Title)
(Under Receiving Order dated the…….day of…………………
20…)
Notice is hereby given that a General Meeting of the
Creditors of the above-named Debtor will be held at
…………..…………on the…..day of………………….20….,
LAWS OF GUYANA
Insolvency Cap. 12:21 307
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L.R.O. 1/2012
at……………o'clock in the noon precisely. Creditors
qualified to vote at such Meeting may by a resolution passed
by a majority in number, and three-fourths in value, of all the
creditors who have proved their debts, accept the proposal
made by the debtor for a composition (or scheme), the terms
of which are set forth in the accompanying report, or any
amendment of such proposal which in the opinion of the
Official Receiver is calculated to benefit the general body of
Creditors.
Proofs of debts intended to be used at the meeting
must be lodged with the Official Receiver not later
than………. o'clock, on the ………day of………………..20….
Proxies and voting letters to be used at the meeting
must be lodged not later than………. o'clock, on the
………………………day of………………..20….
Creditors who prove their debts, and whose proofs
are admitted, and who do not vote on the debtor's proposal,
will be reckoned as voting against it.
A sitting of the Court for the public examination of
the debtor will be held at…………………, on the ……….day
of ……………………….. 20…., at……………..o'clock in the
…………noon.
Any creditor who has tendered a proof, or his
representative authorised in writing, may question the
debtor on his public examination concerning his affairs and
the causes of his failure.
Dated this………….day of……………………. 20……
Address ..................................
(Signed)…………………………..
Official Receiver
LAWS OF GUYANA
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L.R.O. 1/2012
r. 158
NOTE 1.—Creditors who have proved may vote for or
against the acceptance of the debtor's proposal by means of a
voting letter.
NOTE 2.—If the proposal be not accepted the meeting
may, if the debtor has not already been adjudged insolvent,
resolve on his adjudication, when the Official Receiver will
become the assignee unless the creditors by special
resolution appoint an assignee. ______________

FORM 77
PROPOSAL FOR A COMPOSITION
(Title)
I, .............................. , the above-named debtor, hereby
submit the following proposal for a composition in
satisfaction of my debts—
1. That payment in priority to all other of my debts of
all debts directed to be so paid in the distribution of the
property of an insolvent shall be provided for as follows—
(Set out terms of proposal so far as they relate to
preferential claims.)
2. That provision for payment of all the proper costs,
charges and expenses of and incidental to the proceedings,
and all fees and percentages payable to the Official Receiver
shall be made in the following manner—
(Set out proposal for provisions for fees, charges, costs, etc.)
3. That the following composition shall be paid as
hereinafter mentioned on all provable debts—
(Set out terms of composition.)
shall require.
official receiver
debtors as the
such of the
firm name by
signed in the
debtors to be
in case of joint
by the debtor;
(a) To be signed
LAWS OF GUYANA
Insolvency Cap. 12:21 309
[Subsidiary] Insolvency Rules
L.R.O. 1/2012
r. 158
4. That the payment of the composition be secured in
the following manner—
(Set out full names and addresses of sureties (if any)
and complete particulars of all securities intended to be
given.)
Dated this .... ………………day
of………...……………….20….
…………………………………...
(Signed) (a)
_________
FORM 78
PROPOSAL FOR A SCHEME
(Title)
I, …………………………… the above-named debtor,
hereby submit the following proposal for a scheme of
arrangement of my affairs in satisfaction of my debts.
1. That—
(Set out terms of scheme.)
2. That payment in priority to all other of my debts of
all debts directed to be so paid in the distribution of the
property of an insolvent is provided for as follows—
(Set out or indicate by reference to the scheme, how it
is proposed to satisfy preferential claims.)
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L.R.O. 1/2012
r. 158
3. That provision for payment of all the proper costs,
charges, and expenses of and incidental to the proceedings,
and all fees and percentages payable to the Official Receiver is
provided for as follows—
(Set out or indicate by reference to the scheme, how it
is proposed to provide for fees, costs, charges, etc.)
(Set out any other terms.)
Dated this……………day of……………………. 20…..
………………………….
(Signed) (a)
_________
FORM 79
REPORT OF OFFICIAL RECEIVER TO CREDITORS ON PROPOSAL
(Title)
The Official Receiver of the above estate hereby
reports—
That the debtor has lodged with him a proposal for a
composition (or scheme) to be submitted to the creditors, of
which the following is a copy.
(Here set out fully the terms of proposal.)
That the liabilities, as shown by the debtor's statement
of affairs, amount to the sum of $......................., and the
shall require.
official receiver
debtors as the
such of the
firm name by
be signed in the
joint debtors, to
or in the case of
by the debtor,
(a) To be signed
FOR COMPOSITION OR SCHEME AND VOTING LETTER
LAWS OF GUYANA
Insolvency Cap. 12:21 311
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L.R.O. 1/2012
(a) Insert here
the word “for”
or the word
“against” as the
case may
require.
(b) Creditors
may if they
think fit, author
-ise the Official
Receiver to
vote “against”
the proposal
now submitted
but “for” such
amendment
thereof as may
be satisfactory
to the Official
Receiver.
assets are estimated by the debtor at the sum of
$......................after payment of preferential debts.
That the value of the assets is (fairly estimated by the
debtor) (or, as the case may be).
That the terms of the debtor's proposal (set out
particulars of proposal and observations on the proposal and
the debtor's conduct).
Dated this……………………day of. ………………….
20 …..
(Signed) .............................
Official Receiver
_______
VOTING LETTER
(Title)
I, .......................... of .............................................. . a
creditor in the above matter for the sum of $.............................
hereby request the Official Receiver of the said estate to
record my vote (a)............................. the acceptance of the
proposal as set forth in the report of the Official Receiver
hereto annexed and/or (b)………... any amendment thereof
which shall in the opinion of the Official Receiver be cal-
culated to benefit the general body of the creditors.
Dated this………day of………………..…….20 ……..
(Signed) ...............
Creditor
(Signed) ...............
Witness Address ..............................................
LAWS OF GUYANA
312 Cap. 12:21 Insolvency
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L.R.O. 1/2012
r. 216
r. 210
_______
FORM 80
NOTICE TO CREDITORS OF ADJOURNED MEETING
Take notice that the meeting of creditors in the above
matter held on the ………………. day of ……………………
20…,at was adjourned to the……………….day of
…………………… 20….., and will accordingly be held at
………………………on the said day at ………………..o'clock
in the ……………….noon.
AGENDA
(Insert here nature of business to be transacted.)
Dated this……………………. day of
…………………… 20…
(Signed).................................
Official
Receiver
Address .........................................
___________-__
FORM 81
NOTICE TO DEBTOR TO ATTEND FIRST MEETING OF CREDITORS
(Title)
Take notice that the first meeting of your creditors
will be held on the…………………. day of ……………………
20… at …………..o'clock at (here insert place where meeting
will be held), and that you are required to attend thereat and
submit to such examination and give such information as the
meeting may require. And further, take notice that if you fail
LAWS OF GUYANA
Insolvency Cap. 12:21 313
[Subsidiary] Insolvency Rules
L.R.O. 1/2012
Act 1st Sch.
No. 25
to comply with the requirements of this notice you will be
guilty of a contempt of Court and may be punished
accordingly.
Dated this…………. day of …………………… 20……
(Signed).................................
Official Receiver
______________
FORM 82
MINUTES OF PROCEEDINGS AT FIRST MEETING (Title)
Minutes of resolutions come to and proceedings had
at the first meeting of creditors held at………………………….,
this……...day of…………………20, Chairman, the Official
Receiver (or being absent, F.K., of…………………., Chairman).
Resolved as follows—
That A.B. shall be adjudged insolvent and that the
Official Receiver do apply to the Court to make the
adjudication.
That G.H., of. ...................... , shall be assignee of the
property of the insolvent at (here state remuneration) (or that
the appointment of an assignee in this insolvency be made by
the committee of inspection).
That I.K., L.M., N.O., P.Q., and R.S., be appointed the
committee of inspection in this insolvency, for the purpose of
superintending the administration of the property of the
insolvent by the assignee.
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Or,
That (the debtor's) proposal for a composition (or
scheme) as set forth in the annexed paper writing marked A
be accepted.
(Here add any other resolutions that may be come to
as to the manner of the administration of the property by the
assignee.)
……………………………………
(Signed) F.K.,
Chairman
Number Assenting
Creditors'
Signatures
Amount of Proof
Number Assenting
Creditors'
Signatures
Amount
of Proof

NOTE.—When a resolution is carried unanimously the
creditors need not sign, but when a division is taken all
creditors and holders of proxies voting should sign. The
signature must be attached at the meeting. Resolutions should
be put separately.
_________

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L.R.O. 1/2012
FORM 83
LIST OF CREDITORS ASSEMBLED TO BE USED AT EVERY MEETING (Title)
Meeting held at …………………. this…………..….day
of ..................................... 20……
Number Names of Creditors present or
assembled
Amount
of Proof 1 2

3
4
5
6
7
7 Total number of creditors
present or assembled


__________
FORM 84
APPLICATION TO EXTEND TIME FOR ACCEPTING OR
APPROVING A COMPOSITION OR SCHEME AND ORDER THEREON (Title)
Ex parte the Official Receiver.
The Official Receiver in the above matter reports to
the Court—
That (a) ....................................... was on the………day of
................................. 20 ........ , duly lodged by the debtor.
That the public examination of the debtor was
concluded on the...............day of………………………. 20……
prescribed
(b) The
arrangement.
scheme of
position, or
(a)Com-
be.
the case may
lodged; or as
not been
said(a) have
required for the
securities
notices or
be given; or the
notices cannot
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That (b) .............................. in time to allow of the
acceptance and approval of the said (a) within twenty-one
days after the conclusion of the examination of the debtor as
required by section 21 of the Insolvency Act. Under these
circumstances application is made for an extension of time to
the ………………. day of……..……….., 20….. for obtaining
acceptance and approval.
Dated this…………day of ……………………….20……
(Signed)…………………………
Official Receiver
Order
Before ......................................
Upon reading the above report of the Official Receiver
and hearing ………………….it is ordered that the time for
obtaining the acceptance or approval of the said (a) in the
above matter be extended to the…… day of………………20….

Dated this……………..day of…………………20…...
By the Court,
(Signed)………………………………
Registrar
_______


LAWS OF GUYANA
Insolvency Cap. 12:21 317
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L.R.O. 1/2012
r. 159 s. 19
(a) Com-
position or
scheme of
arrangement.
(b) debtor or
Official
Receiver.
FORM 85
APPLICATION TO COURT TO APPOINT DAY FOR APPROVING
COMPOSITION OR SCHEME (TITLE)
Whereas at a meeting of creditors of the above-named
debtor, held at ……………………. on the……………. day of
…………………… 20….. , a resolution to accept (a)
……………… was duly passed by a majority in number
representing three-fourths in value of all the creditors who
have proved their debts.
And whereas the public examination of the debtor
was concluded on the………… day of…………………. 20….
Now the (b) ........................ applies to the Court to fix a
day for the consideration of the above-mentioned (a) .
Dated this ……………… day of ………………..20…..
(Signed) ...........................
Debtor, or Official Receiver
ORDER
Before ....................................... .........
Upon reading the above application and
hearing…………………….. it is ordered that the application
for the consideration by the Court of the above-mentioned
(a)……………………………………………. shall be heard
at………………………………………on the……………..day of
………………………………………………………….. 20……..at
............... o'clock in the ................. noon.
LAWS OF GUYANA
318 Cap. 12:21 Insolvency
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L.R.O. 1/2012
r. 161
Dated this ................ …………day of ................ ………20…….
By the Court,
(Signed) ...........................
Registrar __________
FORM 86
NOTICE TO CREDITORS OF APPLICATION TO COURT TO APPROVE COMPOSITION OR SCHEME
(Title)
Take notice that application will be made to the Court
sitting at …………………on the………………..day
of………………….20….,
at ............... o'clock in the .................. noon, to approve the
composition (or scheme of arrangement) as proposed by the
debtor and duly accepted by the statutory majority of the
Creditors at a meeting held on the ……day of….…………2…
Dated this .... …………….day of…………………20…….
(Signed) ...........................
Official Receiver _________

LAWS OF GUYANA
Insolvency Cap. 12:21 319
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Act 1st. Sch
No. 5
r. 212
FORM 87
ORDER OF COURT FOR GENERAL MEETING OF CREDITORS (Title)
Upon the application of C.D., of……………………….
it………………………………………………….ordered that the
assignee of the property of the said A.B. (or the Official
Receiver) do summon a meeting of the creditors of the said
A.B. to be held at …………………on the………………day
of………….20….., at …………o'clock in the noon.
(here state the purpose for which meeting called).
Dated this……….day of…………………….20………
By the Court,
(Signed)……………….
Registrar
__________
FORM 88
NOTICE OF MEETING (GENERAL FORM)
(Title)
Take notice that a meeting of creditors in the above
matter will be held on the …….day of……………….20…..,
at……………………………..at…………………..o'clock.
AGENDA
(Here insert purpose for which meeting called.)
Dated this……..day of…………………………20……

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…………………………….
(Signed) Y.Z., Assignee, or
Official Receiver
N.B.—Forms of proxies can be obtained on
application to the Official Receiver, and of payment of
twenty-four cents.
________

FORM 89
NOTICE TO OFFICIAL RECEIVER OF APPLICATION TO COURT BY DEBTOR TO APPROVE COMPOSITION OR SCHEME
(Title)
Take notice that application will be made to the Court
on the ………..day of…………………20……, at………o'clock
in the………………………noon to sanction the composition
(or scheme) approved on the……day of…………….20…….,
by the statutory majority of creditors.
Dated this……..day of…………………………..20……
…………………………….
(Signed) G.H. _________


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FORM 90
AFFIDAVIT BY SPECIAL MANAGER
I, ...................................... of ..................................... make
oath and say as follows—
1. The account hereunto annexed marked A and
signed by me contains a true account of all and every sums
and sum of money received by me or by any other person or
persons by my order or to my knowledge or belief for my use
on account or in respect of the said estate or business.
2. The several sums of money mentioned in the said
account hereby verified to have been paid or allowed have
been actually and truly so paid and allowed for the several
purposes in the said account mentioned.
3. The said account is just and true in all and every
the items and particulars therein contained according to the
best of my knowledge and belief.
Sworn, etc.
____________
FORM 91
NOTICE TO CREDITORS OF MEETING TO REMOVE ASSIGNEE AND
TO APPOINT A PERSON TO FILL THE VACANCY
(Title)
At the request of one-fourth in value of the creditors of the
insolvent a general meeting of the creditors is hereby
summoned to be held at……….…………………..on
the………day of……………………………20……… at……….
o'clock in the noon for the purpose of considering the
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propriety of removing Y.Z., the assignee of the property of the
insolvent from his office as such assignee, and in the event of
his removal to appoint a person to fill the vacancy.
Dated this………day of……………………20………..
…………………………….
(Signed) L.M.,
A member of the Committee of
Inspection, or Official Receiver
__________
FORM 92
NOTICE OF MEETING TO BE HELD TO APPOINT NEW ASSIGNEE
(Title)
I, G.H., the Official Receiver, hereby give notice that a
meeting of creditors will be held at ……………on the ……day
of………………………. 20…… , at …………………..o'clock in
the ………………….noon for the purpose of appointing an
assignee in the place of the late assignee, who has
resigned the office (or who has died or has become
insolvent).
Dated this……..day of…………………….20…………
…………………………….
(Signed) G.H.,
Official Receiver
__________
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No. 25

r. 282
r. 278
FORM 93
MINUTES OF MEETING FOR RECEIVING RESIGNATION OF ASSIGNEE
(Title)
Minutes of proceedings had at a meeting of
creditors of the said………………… held at ……………on the ……….day of………………………. 20……
Chairman of the meeting, E.F., of. ...........................
Resolved (here should follow resolutions).
…………………………….
(Signed) E.F.,
Chairman of this meeting _________
FORM 94
REQUEST BY CREDITORS TO THE OFFICIAL RECEIVER TO NOTIFY HIS OBJECTION TO ASSIGNEE TO COURT
(Title)
We, the undersigned, being a majority in value of the
creditors of the above-named A.B., do hereby request
the Official Receiver to notify his objection to the
appointment of C.D., as assignee of the property of the
insolvent to the Court.
Dated this……….day of………………………. 20……
Amount of Debt .... …………………
………………………..
Signature of Creditors
E.F.
K.L.
etc.
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________
FORM 95
CERTIFICATE OF APPOINTMENT OF ASSIGNEE
(Title)
This is to certify that Y.Z., of………………….. has
been duly appointed and approved as assignee of the
estate of ………………………,(against) who(m) on the
……………..day of ………………………………. 20…., a receiving order was made (or as the case may be) was
adjudged insolvent. …………………………
(Signed) G.H.,
Official Receiver
______________
FORM 96
BOND OF ASSIGNEE
(Title)
Know all men by these presents that we, Y.Z. of, etc.,
and C.D. of, etc., and E.F. of, etc., are jointly and severally
held and firmly bound to the Official Receiver in
$……………to be paid to the said ………………………, or his
successors. For which payment to be made we bind ourselves
and each and every one of us, in the whole, our and each of
our heirs, executors, and administrators, jointly and severally,
firmly by these presents as principal debtors.
Whereas on the…….day of………………..20………, a
receiving order was made against the said A.B.; and whereas
at……………………………………………………….of creditors,
the said Y.Z. was appointed assignee of the property of the
…………………..; and whereas the said assignee has been
directed to give security by bond to the Official Receiver in
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the sum of $.............................................with two sufficient
sureties thereto.
Now, therefore, the condition of this bond or
obligation is such that if the said Y.Z. shall and do from time
to time well and sufficiently perform and execute all and
singular the duties required of him as assignee by the
Insolvency Act or any general rule made or hereafter to be
made under such Act, this obligation shall be void or
otherwise shall remain in full force, and virtue.
Signed and delivered by the above-bounden Y.Z.
in the presence of C.D.
E.F.
NOTE.—If a deposit of money be made, the
memorandum thereof should follow the terms of the
condition of the bond.
________
FORM 97
APPLICATION FOR DIRECTIONS BY OFFICIAL RECEIVER OR
ASSIGNEE (Title)
I desire to make application to the Court for its
directions (here state the particular matter in relation to which
they are sought).
(This application may be signed by the parties
themselves or by counsel and solicitor.)
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…………………………
(Signed) G.H.,
Official Receiver, or
Assignee
Let this application be heard on the………day of……………
20……., at……………..o'clock in the noon, and let the Official
Receiver or assignee give notice to (here insert the persons to
whom it is to be given).
Dated this ................ day of. ............................. .....20...........
(Signed) ........................... .
Registrar
________
FORM 98
ORDER ON APPLICATION OF OFFICIAL RECEIVER OR ASSIGNEE FOR DIRECTIONS
(Title)
Whereas at a Court held this day the Official Receiver
or the assignee of the property of the insolvent) applied to
this Court for its directions (here state the particular matter
in relation to which they are sought).
Now upon hearing C.D., of ............................ , on the
matter, it is ordered (here set out the order), and that the
Official Receiver or the assignee do pay out of the property
of the insolvent the sum of $....................... (or that the
assignee to pay out of his own moneys the sum of $
……………….), the cost of this order, and the sum of $
………………. to C.D. for his costs (or that C.D. do pay the
sum of $ ………………….the costs of this order, and also the
sum of $……………………. to E.F. for his costs).
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Dated this .... day of. ............................. .....20...........
By the Court,
(Signed) ........................... .
Registrar
________
FORM 99
NOTICE TO LANDLORD OF INTENTION TO DISCLAIM LEASE NOT SUBLET OR CHARGED
(Title)
Take notice that I intend to disclaim the lease
dated……………………………………whereby (here specify
property let) was let to the above-named debtor at a rent of
$......................................................................................................
If you do not within seven days after service of this
notice upon you require me by notice in writing to bring the
matter before the Court, I hereby disclaim the said lease as
from the expiration of the said seven days.
Dated this .... day of. ............................. .....20...........
To Mr. X.Y.
……………………………
(Signed) G.H.,
Official Receiver, or Assignee
_______

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(a) Here insert
particulars’ of
the demised
property.
(b) The above-
named
insolvent or as
the case may
be.
r. 299
FORM 100
NOTICE TO LANDLORD OF INTENTION TO DISCLAIM LEASEHOLD
PROPERTY SUB-LET OR CHARGED
(Title)
Take notice that I intend to disclaim the lease dated
………………… whereby ( a)…………………………..was let
to (b)………………….at a rent of $........................................
If you require the matter to be brought before the
Court, you must give notice thereof to me in writing within
fourteen days of the receipt by you of this notice.
Dated this .......... day of. ............................... 20 .........
(Signed) .........................................
Assignee
To Mr ................................. the landlord of the above-
mentioned premises, and
To Mr. ………………………….. sub-tenant or person
in whose favour charge has been made.
______
FORM 101
FORM OF NOTICE BY LANDLORD OR OTHER PERSON REQUIRING
ASSIGNEE TO BRING MATTER OF INTENDED DISCLAIMER OF PROPERTY BURDENED WITH ONEROUS COVENANTS BEFORE THE
COURT (Title)
To…………………………………………. assignee of the
property of the above-named insolvent. Sir,

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I hereby give you notice that the said insolvent was at
the date of receiving order, interested as lessee (or, as the case
may be) in the property (description) and that as such lessee
(or as the case may be) the insolvent was liable in respect of
(set out nature of the insolvent's liability) which liability has
devolved on you as assignee in insolvency of his property,
and I hereby require you to bring the matter of your intended
disclaimer of the insolvent's interest in the said property
before the Court.
I am, etc.,
……………………………………
(Signed) A.B.
(State how interested in the property.)
______
FORM 102
NOTICE OF TRANSFER OF SEPARATE ESTATE TO JOINT ESTATE FOR
GAZETTE IN INSOLVENCY
(Title)
Notice is hereby given that there being in the hands of
the assignee in the above insolvency a surplus estimated at
……………….. arising from the separate estate of (name of
separate partner) one of the insolvents, and there being no
separate creditors of such insolvent, it is the intention of such
assignee, at the expiration of ……………….days from the
appearance of this notice in the Gazette to transfer such
surplus to the credit of the joint estate in the said insolvency.
Dated this……..day of………………………....20……..

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.
r.191
(Signed)………………………..
Assignee
________
FORM 103
NOTCIE OF INTENTION TO DECLEAR DIVIDEND
(Title)
A (a)…………………. dividend is intended to be
declared in the above matter.
Creditors who have not proved their debts by
the…………day of……………………………….20…… will be
excluded from this dividend.
Dated this………….day of………………………20…..
…………………………….
(Signed) G.H.,
Official Receiver, or Assignee (Address)
_______________
FORM 104
NOTICE TO PERSONS CLAIMING TO BE CREDITORS OF INTENTION TO DECLARE FINAL DIVIDEND
(Title)
A final dividend is intended to be declared in the
above matter.
If you do not establish your claim to the satisfaction of
the Court on or before the…………day …………………….of
…………………….. 20……… or such later day as the Court
may fix, your claim will be expunged and I shall proceed to
make a final dividend without regard to such claim.
Dated this…….day of………………….………20……..
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To all persons claiming to be creditors
of……….................. whose claims have been notified to me but
not established to my satisfaction.
…………………………………………
(Signed) G.H.,
Official Receiver, or Assignee
…………………………….(Address)
____________
FORM 105
NOTICE TO CREDITOR OF INTENTION TO PAY COMPOSITION (Title)
Notice is hereby given that a composition is intended
to be paid in the above matter.
Your name is included in the list of creditors in the
above debtor's statement of affairs, but you have not yet
proved your debt.
The last day for receiving proofs is the……….day
of………………………………20……..
Dated this…….day of……………….………20…….
(Signed)………….…………….
Official Receiver
To .......................................
______

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FORM 106
STATEMENT TO BE PREPARED WHEN GIVING NOTICE OF DIVIDEND AND APPLICATION FOR RELEASE AND TO
BE OPEN TO THE INSPECTION OF ALL CREDITOR WITHOUT FEE
(Title)
STATEMENT showing the position of the estate at date
of declaring (1st) dividend or at the date of application for
release.
Dr. Cr. 1885. 4th
Jan. to 30th
April.
To total receipts
from (date of re-
ceiving order) (or
declaration of first
dividend) to date.
(State particulars under
the several headings
in the debtor's state-
ment of affairs.)
Receipts per trading
account.
Less.
Payments per trading
account.
. 1884. 4th Jan. to 30th April.
By Official Receiver
and Court Fees.
Law costs of petition.
Other law costs.
Assignee's re-munera-
tion as fixed by………..
(a)viz.—
per cent, on $.......... __
on assets realised.
per cent, on $
on assets distributed in
dividend.
Special Manager's
charges.
Person appointed to
assist debtor under
section 68 of the Act.
Auctioneer's charges
as taxed.
Other taxed costs.
Other charges.
Total costs of re-
alisation
Allowance to debtor.
Creditors, viz.—
preferential,
unsecured dividend.
Now declared of…. in
the $ ________________
Dividend previously
declared.
Balance.

By section 72 of the Insolvency Act it is provided
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that "if one- fourth in number or value of the creditors
dissent from the resolution or the debtor satisfies the Court
that the remuneration is unnecessarily large the Court shall
fix the amount of the remuneration".
Assets not yet realised estimated to produce
$....................................................................................................
Creditors can obtain any further information by inquiry at
the office of the assignee.
_______
FORM 107
NOTICE OF DIVIDEND (Title)
NOTICE IS HEREBY GIVEN that a………...Dividend of
…………………………….in the dollar has been declared in
this matter, and that the same may be received at Office, as
above, on………the…………………..day of…….………, or
on any subsequent day between the hours of
..................................... Upon applying for payment, a creditor
must produce any bills of exchange, or other securities held
by him if not already filed; and if a creditor does not attend
personally, he must fill up and sign a receipt and authority
in accordance with the subjoined forms, when a cheque
payable to his order will be delivered to the bearer.
……………………………..
(Signed) G.H.,
Official Receiver, or Assignee
To ....................................................
RECEIPT
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s. 61
……………………….. 20 ……..
RECEIVED of…………………….the sum of……………………
dollars……………….cents being the amount payable
to……………………….in respect of the…………….dividend
of………………..in the dollar on……………………..claim
against their estate.
(Signed)……………………………………..
Creditor
AUTHORITY
Sir,
Please deliver to (insert the name of the person who
is to receive the cheque, or the words "me by post," if you
wish the cheque sent to you in that way) the cheque for the
(Signed)………………………………
Creditor

…………………………20 …
To………………………………
_________
FORM 108
APPLICATION BY CREDITOR FOR ORDER FOR ASSIGNEE TO PAY
DIVIDEND WITHHELD AND ORDER THEREON
(Title)
I, F.K., of. ........................... make application to this
Court for an order to be made upon the assignee to pay the
dividend in this insolvency due to me, with interest thereon
for the time it has been withheld from me, that is to say,
from the…………….day of …………
.............. 20 ........ , on which day I applied to the ...................................... for its payment to me, and also to pay to me the costs of the application.
dividend payable to.................... in this matter.
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Dated this……………..day
of………………………..20….
……………………………….
(Signed) F.K.
ORDER
Upon the reading of this application, and upon
hearing……………………………………….it is ordered that
the Official Receiver or assignee do forthwith pay to the said
F.K. the sum of……………………dollars, the amount of such
dividend.
(Add in the case of an assignee.)
And it is further ordered that the assignee do pay to
the said creditor at the same time the sum
of…………………….. for interest on such dividend, being at
the rate of six per cent per annum for the time that its
payment has been withheld, together with a further sum of.
……………………………… for the costs of this application.
Dated this .. ………………..day of……………..20……
By the Court,
(Signed) ..........................................................................................................
Registrar
If the Court does not order payment, then, after the
words "it is ordered" insert the order as made.
________

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r. 268
CERTIFICATE BY COMMITTEE OF INSPECTION AS TO AUDIT OF ASSIGNEE'SACCOUNT
We, the undersigned, members of the committee of
inspection in the matter of …………………., hereby certify
that we have examined the foregoing account with the
vouchers, and that to the best of our knowledge and belief the
said account contains a full, true, and complete account of the
assignee's receipts and payments on account of the estate.
Dated this .... ………….day of………………20…. A.B. C.D. Committee of Inspection E.F.
__________
FORM 110
AFFIDAVIT VERIFYING ASSIGNEE'S ACCOUNT
(Title)
I, Y.Z., of ............................. the assignee of the
property of the above-named ....... make oath and say—
true copy of the estate cash book and contains a full and true
account of my receipts and payments on account of the
to the……day of..........................20…… , inclusive, *and that
I have not, nor has any other person by my order or for my
use during such period received or paid any moneys on
account of the said estate *other than and except the items
mentioned and specified by the said account.
Sworn at, etc.
*If no receipts or payments, strike out the words in bracket.
insolvent's estate] from the……day of……………………20….,
That *[the account hereunto annexed marked B is a
FORM 109
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FORM 112
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r 284
ASSIGNEE'S TRADING ACCOUNT (Title)
Y.Z., the assignee of the property of the insolvent in account
with the estate. Dr. Receipts Payments. Cr.
Date

Date


……………………….. (Signed) Y.Z.,
Assignee
We have examined this account with the vouchers
and find the same correct, and we are of opinion the
expenditure has been proper. …………………………..
(Signed) Committee of Inspection,
or member of the Committee of Inspection
_______________

FORM 113
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PROFIT AND LOSS ACCOUNT (TRADING ACCOUNT) (Title)
DR. PROFIT AND LOSS ACCOUNT CR.
Stock on hand on …
day of ……. 20…
Purchases…….
Trade expenses,viz,-
Rent And Taxes …
Wages…..
Miscellaneous…
Balance being profit
Sales ................................ Other receipts, if
any
Stock on hand on ............
day of. ……20...,


………………………..
(Signed) Y.Z.,
Assignee

NOTE.—this account to be submitted when the
committee of inspection require, and in any case at the end of
the trading or business carried on by the assignee.
_________
FORM 114
AFFIDAVIT VERIFYING ASSIGNEE'S TRADING ACCOUNT
(Title)
I, Y.Z., of ............................. the assignee of the property of the
above-named .................................... , make oath and say that the
account hereto annexed is a full, true and complete account of all
money received and paid by me or by any person on my behalf in
respect of the carrying on of the trade or business of the ……………..
……………….. and that the sums paid by me as set out in such
account have, as I believe, been necessarily expended in carrying on
such trade or business.
Sworn, etc.
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……………………………..
(Signed) Y.Z.,
Assignee _______

FORM 115
STATEMENT OF ACCOUNTS UNDER SECTION 81(2) OF THE INSOLVENCY
ACT (Title)
RECEIPTS. PAYMENTS.
Date Of whom
received
Nature of
receipts Amount Date
To whom
paid
Nature of
payment Amount

(Signed) .........................
Dated this ................ day of ................................. 20 ........
________
FORM 116
NOTICE TO INSOLVENT UNDER SECTION 50
(Title)
TO A.B.
Take notice that I intend to apply to this Court on
the……day of……………………….20………at………….o'clock
in the noon, for an order under section 50 of the Insolvency
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Act for the payment of a part of your salary (or income) to me
for the benefit of the creditors under your insolvency.
Dated this………………day of…………………20……
........................................
(Signed) G.H.,
Assignee _________
FORM 117
ORDER SETTING ASIDE PAY, SALARY, ETC., UNDER SECTION 50(1) (Title)
Whereas it appears to the Court that the said
insolvent is (or, here state what the insolvent is), and as such
is in the enjoyment of the annual pay (or, salary)
of……………….. dollars; and whereas upon the application of
G. H., of………….. the assignee of the property of the
insolvent, it appears to the Court just and reasonable that the
annual sum of………………. dollars, portion of the said pay
(or salary) ought to be paid to the said …………… during the
insolvency, in order that the same may be applied in payment
of the debts of the said insolvent, and that such payment
ought to be made out of the first moneys which shall be due
after the……day…………………… of ……………. 20…, and
be continued until this Court shall make order to the contrary;
and the written statement of the Minister responsible for the
public service that he consents to the terms of such payment
having been filed, it is ordered, that such portion of the (here
insert pay or salary) shall be paid to the assignee accordingly.
Dated this………………..day of………………….20……
By the Court,
(Signed)…………………….
Registrar
LAWS OF GUYANA
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________
FORM 118
ORDER SETTING ASIDE SALARY OR INCOME, ETC., UNDER SECTION 50(2)
(TITLE)
Whereas it having been made to appear to this Court
that the insolvent is in the receipt of (or entitled to) a salary
(or income, half-pay, pension, or compensation as the case
may be) of about…………………………………..dollars, as
(here set forth the circumstances under which the salary or
income is received): And whereas upon the application of the
assignee of the property of the insolvent, and upon hearing
the insolvent it appears to the Court just and reasonable that
the annual sum of……………………….. dollars, portion of
the said salary (or income, etc.) ought to be paid by the
insolvent by monthly (or quarterly) payments (according as
the insolvent receives his salary or income, etc.), to the
assignee during the insolvency, in order that the same may be
applied in payment of the debts of the said insolvent, and that
the first of such payments ought to be made on the……….day
of………………….20……, and be continued monthly (or
quarterly) until this Court shall make order to the contrary: it
is ordered that the said sum shall be paid by…………………..
in manner aforesaid out of the insolvent's said salary (or
income, etc.).
Dated this……….day of……..………………….20……
By the Court,
(Signed)………………………
Registrar
___________
FORM 119
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APPLICATION TO OFFICIAL RECEIVER TO AUTHORISE ACCOUNT AT BANK
(Title)
We, the committee of inspection, being of opinion that
Mr. Y.Z., of……………………. the assignee in the above
matter, should have an account at a bank for the purpose of
(here insert grounds for application) hereby apply to you to
authorise him to make his payments into and out of the
………………………….Bank. All cheques to be countersigned
by………………………. a member of the Committee of
Inspection and by……………………
L.M.
J.P. Committee of
Inspection
E.F.
Dated this………day of……….………………….20……
_________
FORM 120
ORDER OF OFFICIAL RECEIVER FOR BANKING ACCOUNT (Title)
You are hereby authorised to make your payments in
the above matter into and out of the………………….Bank. All
cheques to be countersigned by……..………………………..a
member of the Committee of Inspection and by………………
(Signed) G.H.,
Official Receiver
To Mr. Y.Z., assignee.
Dated this………day of………………….20…… ________
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FORM 121
NOTICE TO CREDITORS OF INTENTION TO APPLY FOR RELEASE (Title)
Take notice that I the undersigned assignee (or late
assignee) of the property of the insolvent intend to apply to
the Court for my release, and further take notice that any
objection you may have to the granting of my release must be
notified to the Court within twenty-one days of the date
thereof.
A summary of my receipts and payments as assignee
is sent herewith.
Dated this………..day of………………….20……
……………………………..
(Signed) Y.Z.,
Assignee ___________

FORM 122
APPLICATION BY ASSIGNEE TO COURT FOR RELEASE
(Title)
I, Y.Z., the assignee of the property of the ...................... ,
do hereby report to the Court as follows—
1. that the whole of the property of the insolvent has
been realized for the benefit of his creditors (and a dividend
to the amount of……………………………in the dollar has
been paid as shown by the statement hereunto annexed);
(or That so much of the property of the insolvent as
can, according to the opinion of myself (and the committee of
inspection, hereunto annexed in writing under our hands), be
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realised, without needlessly protracting the insolvency has
been realised, as shown by the statement hereunto annexed,
and a dividend to the amount of …………………………..has
been paid);
(or That a composition (or scheme), under section 24
of the Act has been duly approved.)
2. I therefore request you to cause a report on my
accounts to be prepared, and to grant me a certificate of
release.
Dated this……..day of………………….20……
………………………………
(Signed) Y.Z.,
Assignee _______________

FORM 123
REQUEST TO DELIVER BILL FOR TAXATION (Title)
I hereby request that you will within fourteen days of
this date deliver to the Registrar for taxation your bill of costs
(or charges) as (here state capacity in which person is
engaged), failing which I shall, in pursuance of the Act,
proceed to declare and distribute a dividend without regard
to any claim you may have against me or against the estate of
the debtor.
Dated this……………..day of………………….20……
………………………………..
(Signed) G.H.,
Official Receiver, or Assignee __________
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s.28
FORM 124
CERTIFICATE FOR COSTS
(Title)
I hereby certify that I have taxed the bill of costs (or
charges) (or expenses) of Mr. C.D. (here state capacity in
which employed or engaged) (where necessary add "pursuant
to an order of the Court dated the……day
of………………20……"), and have allowed the same (in case
of solicitor's costs state whether on higher or lower scale) at
the sum of…………………. dollars (where necessary add
"which sum is to be paid to the said C.D. by…………..as
directed by the said order").
Dated this…………day of………………….20……
$ ………………… cts……………………….
(Signed)………………………….
Registrar
__________
FORM 125

ADMISSION OF DEBT BY DEBTOR
(Title)
In the matter of A.B., of...........................,a ..................
I, the undersigned J.K., of .............................. do hereby
admit that I am indebted to the said ......................... in the sum
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of ……………….dollars, upon the balance of accounts
between myself and the said……………………………..
………………………….
(Signed) J.K
. Witness, C.D.,
Registrar, or
G.H., Official Receiver
--------------
FORM 126
ORDER TO PAY ADMITTED DEBT
(Title)
Whereas J.K., of. .............................. . in his examination
taken this day, and signed and subscribed by him, has
admitted that he is indebted to the said debtor in the sum
of…………………………….dollars, on the balance of accounts
between him and the debtor; it is ordered that the J.K. do pay
to the …………………… in full discharge of the sum so
admitted, the sum of. …………………. dollars forthwith (or if
otherwise, state the time and manner of payment), and do
further pay to the said …………………………. the sum of
………………..….. dollars for costs.
Dated this ………………….day of……………. 20….
By the Court,
(Signed)………………………..
Registrar
__________
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FORM 127
SEARCH WARRANT
(Title)
Whereas by evidence duly taken upon oath it hath
been made to appear to the Court that there is reason to
suspect and believe that property of the said debtor is
concealed in the house (or other place, describing it, as the
case may be) of one X.M., of………………….in the county of
……………… such house (or place) not belonging to the said
debtor.
These are therefore to require you to enter in the
daytime into the house (or other place, describing it) of the
said X.M. situate at ………………… aforesaid, and there
diligently to search for the said property, and if any property
of the said debtor shall be there found by you on such search,
that you seize the same, to be disposed of and dealt with
according to the Insolvency Act.
Dated this ………………….day of……………. 20….
(Signed)…………………………
Registrar
To the Registrar or any Marshal.
_______

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FORM 128
WARRANT OF SEIZURE
(Title)
Whereas on the…….day of………………….20……., a
receiving order was made against the said debtor—
These are therefore to require you forthwith to enter
into and upon the house and houses, and other the premises
of the said debtor, and also in all other place and places
belonging to the said debtor where any of his goods and
moneys are or are reputed to be; and there seize all the ready
money, jewels, plate, household stuff, goods, merchandise,
books of accounts, and all other things whatsoever, belonging
to the said debtor, except his necessary wearing apparel,
bedding and tools, as excepted by the Insolvency Act.
And that which you shall so seize you shall safely
detain and keep in your possession until you shall receive
other orders in writing for the disposal thereof from the
assignee (or Official Receiver); and in case of resistance or of
not having the key or keys of any door or lock of any
premises belonging to the said debtor where any of his goods
are or are suspected to be, you shall break open, or cause the
same to be broken open for the better execution of this
warrant.
Dated this ………………….day of……………. 20….
(Signed)………………………………
Registrar
To the Registrar or any Marshal.
_________

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FORM 129
WARRANT AGAINST DEBTOR ABOUT TO QUIT GUYANA, ETC.
(Title)
To the Registrar, Marshals, and all peace officers
within the jurisdiction of the said Court, and to the Keeper of
the (here insert the prison).
Whereas, by evidence taken upon oath, it hath been
made to appear to the satisfaction of the Court, that there is
probable reason to suspect and believe that the said A.B., of.
……………………… is about to go abroad (or quit his place of
residence) with a view of avoiding service of petition (or of
avoiding appearing to petition), (or of avoiding examination
in respect of his affairs, or otherwise, delaying or
embarrassing the proceedings in) (or of avoiding payment of
a judgment debt in respect of which notice has been issued).
(Or that there is probable cause to suspect and believe
that the said A.B. is about to remove his goods or chattels
with a view of preventing or delaying such goods or chattels
being taken possession of by the assignee of the property of
the insolvent (or that the said A.B. has concealed (or is about
to conceal), or destroy his goods or chattels, or some of them,
or his books, documents, or writings, or some or one of them,
which books, documents, or writings, or some or one of them
may be of use to the creditors in the course of the insolvency
of the said A.B).
(Or whereas by evidence taken upon oath it hath been
made to appear to the satisfaction of this Court that the said
A.B. has removed certain of his goods and chattels in his
possession, above the value of twenty-five dollars, without
the leave of the assignee, that is to say (here describe the
goods or chattels).
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(Or that the said A.B. did without good cause fail to
attend at this Court on the……….day of. …………. 20…., for
the purpose of being examined according to the requirements
of an order of this Court made on the…………day
of……………. 20…, directing him to attend.)
These are therefore to require you the
said…………………..and others, to take the said A.B. and to
deliver him to the Director or Keeper of the above-named
prison, and you the said Keeper to receive the said A.B., and
him safely to keep in the said prison until such time as this
Court may order.
Dated this ………………….day of……………. 20….
By the Court,
(Signed)………………………………..
Registrar
___________
FORM 130 r. 58
SUMMONS UNDER SECTION 28
(Title)
To X. Y., of. ..........................................................
You are hereby required to attend at the Court House
at…………………………………………………………………on
the……..day of……………………..20………, at…………
o'clock in the……………..noon, to be examined and give
evidence in the above matter, and then and there to have and
produce (state any particular documents required): hereof if
you fail having no lawful impediment to be then made
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s. 25
known to the Court and allowed by it, the Court may by
warrant cause you to be apprehended and brought up for
examination.
By the Court,
……………………………….
(Signed) C.D.,
Registrar
_____________
FORM 131
APPLICATION FOR COMMITTAL OF INSOLVENT, OR OTHER PERSON
(Title)
I, ................................................. , do apply to this Court
for an order of committal for Contempt of this Court, against
the said.... ................................................ (or L.M.), on the ground
set forth in the annexed affidavit.
Dated this ……………….day of……………. 20….
....................................................
(Signed) G.H.
______________
FORM 132
r. 65
AFFIDAVIT IN SUPPORT OF APPLICATION FOR COMMITTAL OF
DEBTOR FOR CONTEMPT UNDER SECTION 25
(Title)
I, G.H., the Official Receiver (or the assignee of the
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property of the said insolvent) make oath, and say—
(1. That the said debtor did attend at the first meeting
of his creditors, held on the…….day of………………..,20…..
and wilfully refused to submit to be examined at such
meeting in respect of his property (or his creditors), the sub-
mitting to examination being a duty imposed upon him by
the Insolvency Act.
(1. That the said (debtor) did wilfully fail to attend a
meeting of his creditors held on the…..day of ………………..
20…., at……………….(or to wait on me at my office on
the………..day of ……………….. 20…., the attending such
meeting (or waiting on me) being a duty imposed upon him
by the Insolvency Act.
(or 1. That the said (debtor) insolvent has wilfully
failed to execute (here describe the deed, etc., that he has
failed to execute), the execution of such deed when required
by me being a duty imposed upon him by the twenty-fifth
section of the said Act.)
2. That the said (debtor) was on the……………..day of
……………….. 20…., duly served with a notice, a copy of
which is hereunto annexed, by leaving the same at his usual
place of residence, requiring him to attend the said meeting
(or to execute the above- mentioned deed, etc.).
(or 1. That the said (debtor)…………………………has
wilfully failed to perform the duty imposed upon him by
section 25 of the Act (here insert any act he has been required
to do by any special order of the Court, stating the day on
which the order was made.)
(2. That the said (debtor)…………………..was duly
served with a copy of such order by leaving the same at his
usual place of residence on the……..day of ………………..
20….,)
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s.48(6)
(or 1. That the said (debtor).................................... has
failed to deliver up possession of (here state the property he
has failed to deliver up), which property is divisible amongst
his creditors under the said Act, and which said property was
(or is) in his possession or control, he having been required by
me to deliver up the said property by notice, a copy of which
is hereunto annexed, and which notice was duly served upon
him on the…....day of ……………….. 20…., at
……………………..)
Sworn at, etc.
………………………………..
(Signed) G.H
___________
FORM 133
AFFIDAVIT OF ASSIGNEE UNDER SECTION 48(6)
(Title)
I, G.H., the assignee of the property of the insolvent,
A.B., make oath and say—
1. That I believe that L.M., of ..................................... .
hath in his possession or power as (here set out the capacity in
which the person stands to the insolvent), certain moneys
(and securities) belonging to the insolvent, that is to say, (here
set out and describe the particular moneys and securities).
2. That on the…..day of ……………….. 20…., I did
apply personally to the said L.M., to pay and deliver to me the
said moneys and securities, and that he did not then, nor has
he since paid or delivered to me the same (or That
I……………..day of ……………….. 20…., posted a letter to
the said L.M., addressed to him at ......... , calling upon him to,
etc., and ……….day of ……………….. 20….,
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………………………………. I posted another letter, by which I
again called upon him to, etc., and that he has failed to pay
and deliver the same.)
2. That I firmly believe that the said L.M. is not
entitled by law to retain such moneys (and securities) as
against the…………... or against me as representing the estate
of the property of the…………..………………………….
Sworn at, etc.
…………………………………
(Signed) G.H. _________
FORM 134
NOTICE OF APPLICATION FOR COMMITTAL UNDER SECTIONS 19 OR 24 (Title)
Take notice that C.D., of……………………, will on
…………….. day of ……………….. 20…., at ………….o'clock
in the …………… noon, apply to this Court for an order for
your committal to prison for contempt of this Court, you
having disobeyed the order of this Court on the
……………..day of ……………….. 20…., (here set out order).
And further take notice that you are required to attend the
Court on such day at the hour before stated, to show cause
why an order of your committal should not be made.
Dated this……………..day of ……………….. 20….
(Signed)……………………………..
Registrar
_______________
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FORM 135
ORDER OF COMMITTAL UNDER SECTION 19 OR 26
(Title)
Whereas by an order of this Court made on
the……………..day of ……………….. 20…., (here recite the
order). Now upon the application of C.D., of…………………
upon hearing A.B. (or, as the case may be), (or if he does not
appear) reading the affidavit of (here insert name and
description of person by whom the order was served on A.B.),
and upon reading the affidavit of (enter evidence), the Court
being of opinion that the said A.B. has been guilty of a
contempt of this Court by his disobedience of the said order,
it is ordered that the said A.B. do stand committed to (here
insert prison) for his said contempt.
Dated this…………….day of ……………….. 20….
By the Court,
(Signed)……………………………
Registrar
____________
FORM 136
NOTICE OF APPLICATION FOR COMMITTAL UNDER SECTION 25
(Title)
To the said A.B. Take notice that the Official Receiver
or assignee of the property of the said insolvent will on
the…………….day of ……………….. 20…., at ………. o'clock
in the ... noon, apply to this Court for an order for your
committal to prison for contempt of this Court, you having
failed to perform the duty imposed on you by section 25 of
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the said Act (here set out the duty he has failed to perform).
And further take notice that you are required to attend the
Court on such day at the hour before stated to show cause
why an order for your committal should not be made.
Dated this……………..day of ……………….. 20….
(Signed)..........................................
Registrar __________
FORM 137
AFFIDAVIT OF PERSON INTERESTED IN A COMPOSITION FOR
COMMITTAL (Title)
In the matter of a composition made by A.B.,
of……………………………………………………………………
I, F.M., of....... .................... . make oath and say—
1. That ......................... , of……………………………,
was by an order of this Court made on the……………..day of
……………….. 20…., ordered to (here set out order).
2. That a copy of the said order was duly served on
the said……………………………………………………………..
3. That the said ............................... has failed to obey
such order.
Sworn at, etc.
…………………………
(Signed) F.M. _________

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r. 67
FORM 138
NOTICE OF APPLICATION FOR COMMITTAL UNDER SECTION 48(6) (Title)
To (here insert name, address and description of the
person to whom the notice is to be sent).
Take notice that the Official Receiver (or assignee of
the property of the said)……………….will on
the……………..day of ……………….. 20…., at ................ o'clock
in the .......... noon, apply to this Court for an order for your
committal to prison for contempt of this Court, you having
failed to pay and deliver to him certain moneys (and
securities) belonging to the insolvent in your possession or
power as (here state whether as treasurer, banker, etc.), that is
to say (here set out and describe the particular moneys and
securities). And further take notice that you are required to
attend the Court on such day at the hour before stated to
show cause why an order for your committal should not be
made.
Dated this……………..day of ……………….. 20….
(Signed)……………………………….
Registrar
_________
FORM 139
ORDER OF COMMITTAL UNDER SECTION 25
(Title)
Upon the application of the Official Receiver (or
assignee) of the property of the insolvent (or debtor), and
upon hearing the ………………(or if he does not appear), and
reading the affidavit of (here insert name and description of
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person by whom the notice to show cause was served) and
upon reading the affidavit of (enter evidence), the Court
being of opinion that the…………………….. has been guilty of
a contempt of this Court by having failed to (here follow the
notice), it is ordered that the said……………………………...do
stand committed to (here insert prison) for his said contempt.
Dated this……………..day of ……………….. 20….
By the Court,
(Signed)……………………………….
Registrar
____________

FORM 140
ORDER OF COMMITTAL UNDER SECTION 48(6)
(Title)
Upon the application of the assignee of the property
of the insolvent, and upon hearing L.M. (or if L.M. does not
appear), and reading the affidavit of (here insert name and
description of person by whom the notice to show cause was
served) and upon reading the affidavit of (enter evidence) the
Court being of opinion that L.M. has been guilty of contempt
of this Court by having failed to pay and deliver to the said
assignee certain moneys (and securities) (here follow the
notice), and that the said L.M. do stand committed to (here
insert prison) for the said contempt.
Dated this . ……………..day of ……………….. 20….
By the Court,

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(Signed)…………………………………..
Registrar ____________
FORM 141
WARRANT OF COMMITTAL FOR CONTEMPT
(Title)
To the Registrar, all Marshals and to the Keeper of the
(here insert the prison).
WHEREAS by an order of this Court, bearing date
the……………..day of ……………….. 20…., it was ordered
that the said debtor (or L.M., of………………….) should stand
committed for contempt of this Court.
These are therefore to require you and others, to take
the said A.B. (or L.M.) and to deliver him to the Keeper of the
above-named prison, and you the said Keeper to receive the
said A.B., and him safely to keep in the said prison and in
your custody until such time as this Court shall order; and
you the said Keeper shall, while the said A.B. is in your
custody, at all times, when the Court shall so direct, produce
the said A.B. before the Court.
Dated this……………..day of ……………….. 20….
By the Court,
(Signed)…………………………..
Registrar
__________

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FORM 142
WARRANT TO APPREHEND A PERSON SUMMONED UNDER SECTION 28
(Title)
To the Registrar and all Marshals.
WHEREAS by summons or subpoena dated
the……………..day of ……………….. 20…., and directed to
the said A.B., of…………………………………..(or to F.M.,
of…………………………………………..), he was required
personally to be and appear on the …… day of………..........
instant, at………..o'clock in the………….noon at this Court, to
be examined; and which said summons or subpoena was
afterwards on the……………..day of ……………….. 20…., as
hath been proved upon oath, duly served upon the said
……………. ............ and a reasonable sum was tendered him
for his expenses. And whereas the said………………….having
no lawful impediment made known to or allowed by this
Court, hath not appeared before me as by the said summons
or subpoena he was required, but therein has wholly made
default. These are therefore to will, require and authorise you
and every of you to whom this warrant is directed,
Dated this……………..day of ……………….. 20….
By the Court.
(Signed)…………………………………….
Registrar
________
order to his being examined as aforesaid and for your so doing
this shall be your sufficient warrant.
immediately upon receipt hereof, to take the said ......................
and bring him before this Court on the .....day of........20.........in
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FORM 143
ORDER FOR DISCHARGE FROM CUSTODY ON CONTEMPT (Title)
Upon application made this……………..day of
……………….. 20…., for A.B., who was committed to prison
for contempt by order of this Court, dated the……………..day
of ……………….. 20…., and upon reading his affidavit
showing that he has cleared (or is desirous of clearing) his
contempt and has paid the costs occasioned thereby, and
upon hearing the Official Receiver or assignee (or C.D.,
of………………………….), it is ordered that the keeper of
(here insert name of prison), do discharge the said A.B. out of
his custody, as to the said contempt.

Dated this……………..day of ……………….. 20….
By the Court,
(Signed)……………………………
Registrar
FORM 144
ORDER FOR PRODUCTION OF PERSON IN PRISON FOR EXAMINATION BEFORE THE COURT
(Title)
Upon application made this……………..day of
……………….. 20…., by (applicant) for an order for the
production of A.B., who was committed to prison for
contempt by order of this Court dated the ……………..day of
……………….. 20….,, for examination before this Court; it is
ordered that the keeper of (insert name of prison) do cause
the said A.B. to be brought in custody before the Court
at………………… on the……………..day of ………………..
20…., for examination before the Court, and afterwards to be
taken back to the said prison to be there safely kept pursuant
to the said order.

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s. 27
Dated this……………..day of ……………….. 20…. By the Court,
(Signed)……………………………
Registrar ___________
FORM 145
ORDER TO POSTMASTER GENERAL UNDER SECTION 27
(Title)
Upon the application of G.H., of. ......................... the
Official Receiver or assignee of the property of the above
debtor, it is ordered that for a period of three months from
(here insert the date) all post letters directed or addressed to
the said debtor at (here insert the full address or addresses)
shall be re-directed, sent, or delivered by the Postmaster
General or officers acting under him to the
said………………………….at…………………………………(or
otherwise as the Court may direct), and that a sealed
duplicate of this order be forthwith transmitted by the
Registrar to the Postmaster General.
Dated this…………………day of………………..20…..
By the Court,
(Signed)………………………………
Registrar
__________

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364 Cap. 12:21 Insolvency
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L.R.O. 1/2012
rr. 201,263
FORM 146
REGISTER OF INSOLVENCY NOTICES TO BE KEPT BY THE REGISTRAR
No. Debtor Creditor When filed Solicitor Result of Notice


_________

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FORM 147
REGISTER TO BE KEPT BY REGISTRAR
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LAWS OF GUYANA
366 Cap. 12:21 Insolvency
[Subsidiary] Insolvency Rules
L.R.O. 1/2012
r. 155(2)
r. 194(2)
FORM 148
(1) NOTICE OF DAY FOR EXAMINATION OF DEBTOR
(Title)
Notice is hereby given that an Insolvency Petition in
the above matter having been presented by…………………..
on the …………… day of ………………….. 20…., a receiving
order was on the ………………..day of ………………….. 20….
made by the Court, and the said…………………. will appear
before the Court on day, the…………………..day of
………………….. 20…., for the purpose of being examined
touching his affairs.
By order.
(Signed)…………………
Official
Receiver
(2) ADJUDICATIONS (Title)
Notice is hereby given that the above-named debtor,
the said …………………………….., of………………………..,
was on the…………day of ………………….. 20…., adjudged
an insolvent by the Court.
(Signed)………………………….
Registrar
(3) APPLICATION FOR DISCHARGE
(Title)
Notice is hereby given that the above-
named…………………………………….having signified his
r. 145
LAWS OF GUYANA
Insolvency Cap. 12:21 367
[Subsidiary] Insolvency Rules
L.R.O. 1/2012
r. 156(2)
r. 165(2)
intention to apply to the Court for his discharge
……….o'clock in the…………..noon of…………….day of
………………….. 20…., has been filed on the hearing of such
application.
………………………………….
(Signed) G.H.,
Official Receiver
Dated this……… day of ………………….. 20…. (4) ADJUDICATION ANNULLED
(Title)
The adjudication of insolvency against the said debtor
was on the………..day of ………………….. 20…., annulled.
(Signed)……………………..
Registrar
(5) NOTICE THAT A COMPOSITION OR SCHEME HAS BEEN APPROVED
(Title)
Notice is hereby given that a composition (or scheme)
in the above matter has been approved. The terms of the
arrangement can be ascertained at my office.
……………………………………
(Signed) G.H.,
Official Receiver
Registrar

LAWS OF GUYANA
368 Cap. 12:21 Insolvency
[Subsidiary] Insolvency Rules
L.R.O. 1/2012
r. 317
(6) MEMORANDUM OF ADVERTISEMENT OR GAZETTING (Title)
Advertisement inserted ........................ in Gazette and
……………………the……………………Newspaper intimating
(order or notice, etc.).
___________
FORM 149
REQUEST FOR AN ORDER OF ADMINISTRATION
Insolvency Act
GUYANA
I, A.B., of, etc., state that a judgment was obtained
against me in the…………….…………………. Court of Civil
Justice, holden at ………………..……………… in the County
of………………..,on the……… day of ………………….. 20….,
at the instance of C.D., of, etc., for the sum of
$......................................., and that I am unable to pay the
amount forthwith.
I am indebted to the several persons including the
said C.D., mentioned in the schedule hereto, in the sums set
opposite their names……………………. not exceeding in the
whole $2,000, and I am indebted to the best of my knowledge,
information and belief to no other person whatsoever.
I hereby request that an order may be made for the
administration of my estate, and the payment of my debts
under section 106 of the Insolvency Act in full (or to the extent
of……………….. cents in the dollar) by instalments.
of ………………….for every ..................... days.
LAWS OF GUYANA
Insolvency Cap. 12:21 369
[Subsidiary] Insolvency Rules
L.R.O. 1/2012
(a) Here state
what you are.
(b) Here state
name, address,
etc., of
employer.
(c) State
amount re-
ceived weekly
or otherwise.
(d)Insert the
work done by
your wife and
the wages, etc.,
she earns.
(e) Set out
names of
children.
(f) State
particulars.
Dated this………… day the ………………….. 20….
SCHEDULE
Name of creditor Address Description Amount of debt

NOTE.—The debt for which judgment has been obtained
must be inserted as well as all other debts.
If any of the above creditors in addition to the creditor who
has obtained judgment have sued you in any Court, you must
produce the citation in each case.
STATEMENT
Estate ........................................
that I am (a)…………………………………………….....
that I am employed at (b)………………………………...
that my wages are (c)……………………………………..
that I have (or have not) a wife
that my wife earns by (d)………………………………..
that I have the following children living with me (e)
1. ……………………………………………………..
2. ………………………………………………………
3. ………………………………………………………
etc.

that numbers…..and...........earn money as follows (f)
………………………………………………………………………
………..that the reason why I am unable to pay my debts is
(g) ………………. that I have goods (household or otherwise)
LAWS OF GUYANA
370 Cap. 12:21 Insolvency
[Subsidiary] Insolvency Rules
L.R.O. 1/2012
(g) Here state
reason
r. 320
at ……………………… to the value of…………………………..
I, A.B., aforesaid, make oath and say that to the best of
my knowledge, information and belief, the names of all my
creditors and the debts due from me to them are truly set
forth in the above list of my creditors and that the particulars
contained in my request and the above statement are true.
Sworn, etc., at, etc.
(Signed)…………………………..
________
FORM 150
NOTICE TO DEBTOR
Insolvency Act
GUYANA.
In the matter of an application for an Administration
Order against……………………… of…………………. debtor.
TAKE NOTICE that your application for an
Administration Order under section 106 of the Insolvency Act
will be heard at the Court House………………………., on
the……………….. day of ………………….. 20…., at the hour
of. ........ o'clock in the ..................... noon.
You must bring with you to the Court all your books
of account, invoices, papers, citations or other documents
relating to any debts owing by you.
Dated this…….. day of………………….. 20….

LAWS OF GUYANA
Insolvency Cap. 12:21 371
[Subsidiary] Insolvency Rules
L.R.O. 1/2012
rr. 320 and 322
(Signed)…………………………….. ______________
FORM 151
NOTICE TO CREDITORS
Insolvency Act
GUYANA.
In the matter of an application for an administration
order against ....................... , of. .................................. .., debtor.
WHEREAS the above-named debtor has filed a request
for an administration order under section 106 of the
Insolvency Act for the payment of his debts in full (or to the
extent of…………………cents in the dollar) to be paid by
instalments of……………. every……………….days:
This is to give you notice that the Court will proceed
to hear and determine the said application at the Court to be
held at the Law Courts, Georgetown, on the……day of
…………… 20….at the hour of o'clock in the…… noon.
The debtor states that he owes you the sum
of……………………………………
A list of creditors with the amounts stated to be
respectively owing to them can be inspected on application at
the Registrar's Office.
If you claim more than the sum stated to be owing to
you, you must attend the Court on the day above-mentioned
with your witnesses, books, etc., necessary to prove your
claim.
LAWS OF GUYANA
372 Cap. 12:21 Insolvency
[Subsidiary] Insolvency Rules
L.R.O. 1/2012
If you wish to object to the debt of any creditor named
in the list, you must give notice in writing to the Registrar and
to the debtor and such creditor five clear days before the day
fixed for the hearing of the application.
If you dissent from the proposal of the debtor to pay
his debts otherwise than in full you should sign the notice at
the foot hereof and return it by post to the Registrar.
Dated this…………. day of ………………….. 20…….
……………………………..
(Signed) G.H.,
Official Receiver
NOTICE OF DISSENT
I, C.D., of. .......................... , dissent from the
composition proposed by the debtor for the payment of his
debts.
…………………………….
(Signed) C.D.
____________


LAWS OF GUYANA
Insolvency Cap. 12:21 373
[Subsidiary] Insolvency Rules
L.R.O. 1/2012
FORM 152
ADMINISTRATION ORDER
GUYANA.
In the High Court.
In the matter of an administration order against A.B.,
of……………………………………,…………….……… debtor.
The ………………..day of ………………….. 20….
It is this day adjudged that the above-named debtor
do pay the several debts in the schedule hereto, and all others
now due and which may hereafter be duly proved under this
order in respect of debts now incurred, in full (or to the extent
of………………………………………………………….in the $).
And it is ordered that the said debtor do pay to the
Official Receiver for every ……………………. days until such
debts shall be paid in full (or to the extent of…….………….in
the……………) together with the costs of this administration,
and the costs of C.D. (the plaintiff in the action upon which
the order of administration was made) and it is directed that
E.F., of……………….have the conduct of this order.
By the Court, etc.
(Here follows the schedule of debts.)
N.B.—On the copy sent to the debtor the following
must be added: Take notice that if you change your address
you must at once give notice to the Registrar of your new
address.
___________
r.233
LAWS OF GUYANA
374 Cap. 12:21 Insolvency
[Subsidiary] Insolvency Rules
L.R.O. 1/2012
FORM 153
NOTICE OF ADMINISTRATION ORDER GUYANA.
In the High Court.
Notice is hereby given that the Court has this day
made an administration order providing for the payment of
the debts of the above- named debtor in full (or to the extent
of…………………in the……………………) by instalments
of…………………..every……………days, and has directed
that E.F., of……………………shall have the conduct of the
order.
Dated this……… day of ………………….. 20……
……………………………..
(Signed) Registrar
Bring this notice with you when you apply for a
dividend or attend at the office of the Official Receiver for any
purpose whatsoever.
_________
FORM 154
WARRANT OF EXECUTION UNDER ORDER OF ADMINISTRATION
In the High Court.
In the matter of, etc., ............................................. debtor.
Whereas an administration order was made against
the above-named debtor on the……………….. day of
………………….. 20…. and whereas it has been made to
appear to the Court that the property of the debtor exceeds in
r. 323
LAWS OF GUYANA
Insolvency Cap. 12:21 375
[Subsidiary] Insolvency Rules
L.R.O. 1/2012
value fifty dollars.
These are therefore to require and order you forthwith
to make and levy by distress and sale of the goods and
chattels of the debtor wheresoever they may be found within
Guyana (except the household goods, wearing apparel, and
bedding of the debtor or his family, and the tools and
implements of his trade to the value in the aggregate of $100),
the sum stated at the foot of this warrant, and also to seize
and take any money or bank notes, and any cheques, bills of
exchange, promissory notes, bonds, specialties, or securities
part or so much thereof as may be sufficient to satisfy this
execution, and to pay what you shall have so levied to the
Official Receiver, and make return of what you have done
under this warrant immediately upon the execution thereof.
To the Registrar and all Marshals.
By the Court,
Amount to be levied.
The amount to be levied will be, (1) the costs of the
plaintiff; (2) the costs of the administration; and (3) the total
amount of the debts scheduled, or so much thereof as the
Court may have ordered to be paid.
_________

for money of the debtor which may there be found, or such
LAWS OF GUYANA
376 Cap. 12:21 Insolvency
[Subsidiary] Insolvency Rules
L.R.O. 1/2012
FORM 155
JUDGMENT SUMMONS UNDER ADMINISTRATION ORDER
In the High Court. In the matter of, etc., debtor. (Seal.)
Whereas an administration order was made against
you, the above-named debtor, in this Court, on the…………..
day of ………………….. 20…., for the payment of your debts
in full (or to the extent of……………………………in the
And whereas you have made default in payment of
the sum payable in pursuance of the said order, you are
therefore hereby summoned to appear personally in this
Court, at ……………. on the…….. day of……………….. 20….,
at the hour of. ........ o'clock in the ........................ .noon, to be
examined on oath by the Court touching the means you have
or have had since the date of the order to satisfy the sum
payable in pursuance of the said order, and also to show
cause why you should not be committed to prison for such
default; and you are hereby warned that unless you can prove
to the contrary you will under the Act be deemed to have had
means, and to have refused or neglected to pay the sum in
respect of which you have made default.
Dated this…………..day of ………………….. 20….
Amount of instalments due and upon payment of
which no further proceedings will be had until default in
payment of next instalments $..................................................
_________

r. 330
days.
dollar) by instalments of. …………………cents for every...........
LAWS OF GUYANA
Insolvency Cap. 12:21 377
[Subsidiary] Insolvency Rules
L.R.O. 1/2012
r. 330

FORM 156
ORDER OF COMMITMENT
The High Court and the
In Seal).
…………………………... No. of order of administration. ………………………………………... In the matter of, etc., debtor.
To the Registrar and all Marshals and all peace
officers within the jurisdiction of this Court, to the Keeper of
the Goal at………………………………………
Whereas an administration order was made against
the above-named debtor on the…………day of
………………….. 20…., for the payment of his debts in full (or
to the extent of…………….. in the dollar), by instalments of.
………………. dollars for every ………………… days:
And whereas the debtor has made default in payment
of……………………………….payable in pursuance of the said
order:
And whereas a summons was duly issued out of this
Court, by which the debtor was required to appear personally
at this Court on the………………..day of …………………..
20….to be examined on oath touching the means he had then
or has had since the date of the order to satisfy the sum then
due and payable in pursuance of the order to show cause why
he should not be committed to prison for such default, which
summons has been proved to this Court to have been duly
served on the debtor:
And whereas at the hearing of the said summons it
has not been proved to the satisfaction of the Court that the
LAWS OF GUYANA
378 Cap. 12:21 Insolvency
[Subsidiary] Insolvency Rules
L.R.O. 1/2012
debtor has not (or has not had) since the date of the order the
means to pay the sum then due and payable in pursuance of
the order.
And whereas the debtor has refused (or neglected) to
pay the same, and has shown no cause why he should not be
committed to prison:
Now, therefore, it is ordered that, for such default as
aforesaid, the debtor shall be committed to prison for
……………..days, unless he shall sooner pay the sum stated
below as that upon the payment of which he is to be
discharged.
These are, therefore, to require you the said Registrar,
and others, to take the debtor, and to deliver him to the
the arrest under this order, or until he shall be sooner
discharged by due course of law.
This (insert date of order) day of…………………..20….
By the Court.
(Signed)……………………..
Registrar
Total amount of instalments due at the time of issuing
of the judgment summons and upon payment of which the
prisoner will be discharged $ ............... c ..........................
____________

keeper of the...... prison, and you the said keeper to receive the
debtor, and him safely keep in the said prison for ...... days from
LAWS OF GUYANA
Insolvency Cap. 12:21 379
[Subsidiary] Insolvency Rules
L.R.O. 1/2012
FORM 157
rr. 326 and 328
NOTICE TO DEBTOR OF CREDITOR'S CLAIM
In the High Court………………..No. of………Administration
order.
In the matter, etc., debtor.
TAKE NOTICE that A.B., of, etc., states that you owe him
the sum of $................................for (………….) and claims to be
scheduled as a creditor for that sum, and further take notice
that if you wish to dispute such claim you must within seven
days from this date sign, tear off and return the notice at the
foot hereof to the office of the Registrar.
If you do not return the notice as above-mentioned
the said claim will be taken to be admitted by you, and will be
added to the schedule accordingly.
……………………………………..
(Signed) G.H.,
Registrar
To E.F., etc.
Dated this……….day of ………………….. 20…….
rr 326 and 328
LAWS OF GUYANA
380 Cap. 12:21 Insolvency
[Subsidiary] Insolvency Rules
L.R.O. 1/2012
r. 327
NOTICE
Notice of administration order.
I object to the claim of A.B.,
of……………………………………………………….against me.
(Signed)……………………….
Debtor
__________
FORM 158
NOTICE TO CREDITOR THAT HIS CLAIM IS NOT OBJECTED TO
In the High Court ........................... No. of administration order.
In the matter of, etc., debtor.
TAKE NOTICE that the debtor has not given notice of
his intention to dispute your claim, and that the same has
been added to the schedule of proofs.
To A.B., etc.
……………………………..
(Signed) G.H.,
Registrar
You must retain this notice and produce it when you
come to the Official Receiver's Office to receive dividends or
for any other purpose.
__________

LAWS OF GUYANA
Insolvency Cap. 12:21 381
[Subsidiary] Insolvency Rules
L.R.O. 1/2012
r. 343
FORM 159
SUPERSEDING ORDER OF ADMINISTRATION
In the High Court…………………………………..20……………
In the matter, etc., debtor.
Whereas the above-named debtor under this order
has paid into Court a sum sufficient to pay each creditor
scheduled to the extent thereby provided, and the costs of the
plaintiff and of the administration, it is ordered that such
order is superseded and the debtor is discharged from his
debts to the creditors scheduled under such order.
By the Court,
(Signed)…………………………
Registrar
___________
FORM 160
JUDGMENT SUMMONS UNDER THE DEBTORS ACT
(Title)
The plaintiff has obtained judgment against you the
said A.B. upon which there is now alleged to be due the sum
of $........................
You the said A.B. are therefore summoned to appear
personally before the Court at the Court House at
………………….on…………………..day of ………………..
day of ………………….. 20…., at the hour of……..o'clock in
the………………………………noon to be examined on oath
touching the means you have or have had since the date of
the judgment (or order) to pay the said sum in payment of
s. 106(12)
LAWS OF GUYANA
382 Cap. 12:21 Insolvency
[Subsidiary] Insolvency Rules
L.R.O. 1/2012
r. 345
which you have made default and also to show cause why
you should not be committed to prison for such default.
Dated this…….day the ………………….. 20……….
(Signed)……………………………
Registrar
______________
FORM 161
JUDGMENT-SUMMONS OR A JUDGMENT OR ORDER AGAINST FIRMS AND PERSONS CARRYING ON BUSINESS IN NAMES
OTHER THAN THEIR OWN
The Debtors Act
In the ..................................................... ......................... No. of Action. ......................... No. of Judgment-Summons.
Between A.B., plaintiff (address, description)
and C.D. and Co., defendants.
To G.H., of (state the name, address, and description
of one of the persons alleged to be partners in the firm against
whom the judgment or order was obtained or of the person
alleged to be the sole member thereof, or of the person alleged
to be carrying on business in a name other than his own).
Whereas the plaintiff obtained judgment (or an order)
against the defendant by and in the name of the firm of C.D.
& Co. (or as the case may be) above-described on
the………………..day of ………………….. 20…., for the sum
of……………… (and costs), and there is now due and payable
under the said judgment (or order) from the said C.D. & Co.
LAWS OF GUYANA
Insolvency Cap. 12:21 383
[Subsidiary] Insolvency Rules
L.R.O. 1/2012
to the said........................ the sum of…………………. And
whereas the said A.B. has filed an affidavit in this Court, a
copy whereof is hereunto annexed, wherein it is deposed that
you, the said G.H., are one of the partners in the said firm of
defendants, C.D. & Co. (or that you the said G.H., are the sole
member of the said firm of C.D. & Co., or that you carry on
business on your own behalf in the name of J.K.):
You are therefore hereby summoned to appear
personally in this Court at (place where Court
holden)……………………….. on the ………………..day of
………………….. 20…. at the hour of………………………….
o'clock in the………….. noon, to be examined on oath by the
Court touching the means you have or have had since the
date of the judgment (or order) to satisfy the sum payable in
pursuance of the said judgment (or order), and also to show
cause why you should not be committed to prison for default
in payment of the said sum.
And take notice that if you deny that you are one of
the partners in the said firm of defendants, C.D. & Co. (or that
you are the sole member of the said firm of C.D. & Co., or that
you carry on business on your own behalf in the said name of
J.K.), you must appear at this Court on the day and at the
hour above-mentioned, and that in default of your so
appearing, you will be deemed to admit that you are one of
the partners in such firm (or that you are the sole member of
the said firm of C.D. & Co., or that you carry on business on
your own behalf in the name of J.K.), and your own liability to
pay the amount due and payable under such judgment (or
order).
Dated this………..day of ………………….. 20……..
(Signed)…………………………..
Registrar of the Court

LAWS OF GUYANA
384 Cap. 12:21 Insolvency
[Subsidiary] Insolvency Rules
L.R.O. 1/2012
r. 345
Amount of judgment (or order) … …. ….
Remaining due ... …. …. …. … ….
Costs of this summons ….. …. …._____________
Total sum due…. ….. …. …. ….______________
N.B.—This summons is available against one person
only, and where an order for payment by instalments has
been made, part only of which are due, must be modified in
accordance with the facts.
________
FORM 162
AFFIDAVIT FOR LEAVE TO ISSUE A JUDGMENT SUMMONS ON A JUDGMENT OR ORDER AGAINST A FIRM
I, A.B., of ................................ the above-named plaintiff
(or E.F. (state name, residence, and occupation) ) make oath
and say as follows—
1. On the………………..day of ………………….. 20….
I (or the plaintiff) obtained judgment (or "an order) in this
action in this Court, against the defendants, C.D. & Co. (or as
the case may be) for the sum of ..............................(and costs),
and there is now due and payable under the said judgment
(or order) the sum of. …………..
2. I am informed and believe (state the sources of
information and grounds of belief) that G.H., of (state name,
residence, and occupation), was at the date of the judgment
(or order) a partner in the said firm of C.D. & Co. (or the sole
member of the said firm of C.D. & Co), or carrying on business
on his own behalf in the name of J.K. (state name in which he
was sued).

LAWS OF GUYANA
Insolvency Cap. 12:21 385
[Subsidiary] Insolvency Rules
L.R.O. 1/2012
r. 351
3. I verily believe that the said G.H. is well able to pay
the sum aforesaid now due and payable under the said
judgment (or order), (add, where the plaintiff does not
himself make the affidavit) and I am duly authorised by the
plaintiff to make this affidavit on his behalf.
_________
FORM 163
ORDER OF COMMITMENT UNDER THE DEBTORS ACT
(Title)
To the Registrar, all Marshals, and the Keeper of the
Gaol at ………………….
Whereas the said ……………………..obtained a
judgment (or order) against C.D. in the………………….Court
on the………………..day of ………………….. 20…., for the
sum of……………………..and there is now due and payable
upon the said judgment the sum of…………………………….
And whereas a summons was at the instance of the
plaintiff duly issued out of this Court, by which the said C.D.,
was required to appear personally at this Court on
the……………………… day of ………………….. 20…., to be
examined on oath touching the means he had then or has had
since the date of the judgment (or order) to pay the said sum
which summons was proved to this Court to have been
personally and duly served on the said C.D.:
And whereas, at the hearing of the said summons, it
has now been proved to the satisfaction of the Court that the
LAWS OF GUYANA
386 Cap. 12:21 Insolvency
[Subsidiary] Insolvency Rules
L.R.O. 1/2012
r. 350
said C.D. now has (or has had) since the date of the judgment
(or order) the means to pay the sum in respect of which he
made default as aforesaid (or an instalment or instalments of
the said sum as ordered by the said judgment (or order)), and
has refused (or neglected) (or then refused or neglected) to
pay the same:
Now, therefore, it is ordered, that the said C.D. shall
be committed to prison for ………………… days, unless he
shall sooner pay the sums, in payment of which he has so
made default, together with the prescribed costs hereinafter
mentioned or a certificate for his discharge is given.
These are, therefore, to require you………………..and
others to take the said C.D. and to deliver him to the Keeper
of the ……………………..prison and you the said Keeper to
receive the said C.D., and him safely keep in the said prison
for………………………………..days from the arrest under this
order, or until he shall be sooner discharged by due course of
law.
(Signed)……………………………
_____________
FORM 164
CERTIFICATE BY REGISTRAR FOR DISCHARGE OF JUDGMENT DEBTOR
The Debtors Act
In the ................. .................................
Between A.B., plaintiff,
and
C.D., defendant.
LAWS OF GUYANA
Insolvency Cap. 12:21 387
[Subsidiary] Insolvency Rules
L.R.O. 1/2012
r. 355
I hereby certify that the defendant who was
committed to your custody by virtue of an order of
commitment under the seal of this Court, bearing date
the………………..day of ………………….. 20…. has been
adjudicated an insolvent (or a receiving order or admini-
stration order has been made against his estate) under the
Insolvency Act and that the defendant may, in respect of such
order, be forthwith discharged out of your custody.
Given under the seal of the Court this…..day of
………………….. 20….
(Signed)…………………………………….
Registrar of the Court
To the Keeper of. ...............................................Prison.
FORM 165
CERTIFICATE OF PAYMENT BY A PRISONER
The Debtors Act
I hereby certify that the defendant, who was
committed to my (or your) custody by virtue of an order of
commitment under the seal of this Court bearing date
the……………….. day of ………………….. 20…., has paid
and satisfied the sum of money for the non-payment whereof
he was so committed, together with all costs due and payable
by him in respect thereof; (and where the certificate is sent by
the Registrar: and that the defendant may in respect of such
order, be forthwith discharged out of your custody)
Dated (or given under the seal of the Court)
this……………….. day of ………………….. 20….

LAWS OF GUYANA
388 Cap. 12:21 Insolvency
[Subsidiary] Insolvency Rules
L.R.O. 1/2012
r. 354
r. 354
(Signed)……………………….……..
Keeper of Prison……………………
(or Registrar)
To the Keeper of……………..Prison (or the Registrar).
__________
FORM 166
REQUEST BY CREDITOR FOR DISCHARGE OF PRISONER
The Debtors Act
I, the undersigned A.B., the plaintiff in this action,
request that the defendant C.D., if still in custody, may be
discharged.
…………………………..
(Signed) A.B.
To the Registrar.
FORM 167
WARRANT FOR DISCHARGE OF PRISONER AT REQUEST OF
CREDITOR
The Debtors Act
I hereby certify that C.D., who was committed to your
custody by virtue of an order of commitment under the seal
of this Court bearing date the……………….. day
of………………….. 20…., may in respect of such order be
forthwith discharged out of your custody.
LAWS OF GUYANA
Insolvency Cap. 12:21 389
[Subsidiary] Insolvency Rules
L.R.O. 1/2012
(Signed)…………………………
Registrar
To the Keeper of ………………………. Prison.
__________
APPENDIX
FEES
SCALE OF COUNSEL AND SOLICITORS' FEES
The Fees receivable in the High Court under the Rules
of the High Court, as far as the same are applicable, with the
following additions:
$ c. cc.
Instructions for Petition .......................................... 8 00
Examining witnesses as to Act of Insolvency ….. 5 00
Attesting signature of each petitioner except in
case of partnership…………………………………. 2 00
Two copies of Petition for sealing $2 each………. 4 00
Drawing order for hearing of Petition ….……….. 2 00
The actual expenses incurred in serving any
notice or other document …………...……………
Attending consultation or conference with
Counsel………………………………………….…... 5 00
Instructions for drawing and attesting
declaration of inability to pay ……………………. 3 00
Instructions for and drawing Insolvency
Notice………………………………………………. 3 00
Drawing Petition ………………………………….. 3 00
Attending Official Receiver on receiving
order being made and giving
him all necessary information …………………… 3 00
Instructions for appointment of interim
[4 of 1972]
LAWS OF GUYANA
390 Cap. 12:21 Insolvency
[Subsidiary] Insolvency Rules
L.R.O. 1/2012
receiver or special manager ………………………… 3 00
Drawing application and copy ……………………... 2 00
Drawing exceptions to sureties …………………….. 2 00
Any instructions not before provided for………….. 3 00
Drawing any notice and service thereof …………... 2 00
Attendances at Court………………………………… 5 00
Where it is necessary to instruct Counsel the usual
charges for Counsel's fees shall be allowed.
In special cases when Counsel are not instructed to
involved, may be allowed.
Any person who may be dissatisfied with the taxation
by the taxing officer may have the same reviewed. The
proceedings for obtaining a review of taxation shall be those
laid down in the Rules of the High Court.
The allowance to witnesses in insolvency proceedings
shall be in accordance with those for the time being ordinarily
made in the High Court.
FEES FOR OFFICIAL RECEIVER
For inspecting books kept by him, provided such inspection
$ c.
does not exceed half an hour .............................................. 1 00
“ every additional half an hour or part thereof ....................... 0 50
“ copies of Documents and Accounts per folio, each folio to contain not less than 18 lines and each line not less

than 30 letters ........................................................................ 0 50
“ receiving and filing each claim with the Documents and
Vouchers in support thereof ................................................ 1 00
“ administering oath to affidavit of claimant, if not pre
viously sworn to before a Commissioner of Affidavits 1 00
appear in Court and the attorney-at-law acts as Advocate
to the nature and importance of the case and the questions
such special fee, as the taxing officer may think fit having regard
“ searching the records of the office ......................................... 1 00
LAWS OF GUYANA
Insolvency Cap. 12:21 391
[Subsidiary] Insolvency Rules
L.R.O. 1/2012
“ giving off certificate from such records ................................. 1 00
“ every Insolvency Petition ... .................................................... 50 00
“ every Petition under section 108 of the Act .......................... 50 00
“ every special proxy or voting paper ...................................... 0 50
“ every general proxy and voting paper ................................... 1 00
“ every application for an Administration Order under
section 106 of the Act ........................................................... 10 00
“ every Administration Order granted under section 106
of the Act ............................................................................... 10 00
“ every application to approve a scheme or composition
where the gross amount of assets exceeds $5,000 ... 100 00
Where it does not exceed $5,000 ............................................ 50 00
For every application to appoint a special manager 10 00
“ every order of the Official Receiver for a local banking
account .................................................................................. 10 00
“ every hundred dollars received by the Official Receiver whether acting as such or as assignee where the gross

assets of the debtor's estate do not exceed $20,000 16 00
“ every hundred dollars received by the Official Receiver whether acting as such or as assignee where the gross

assets exceed $20,000 ........................................................... 12 00
“’ every hundred dollars received by the Official Receiver
from an assignee not having a banking account ... 3 00
For examining the banking account of an assignee ... 20 00
„ every certificate of appointment of assignee ....................... 2 00
„ report and notices with reference to the application for
discharge ........................................................................... 30 00
FEES PAYABLE TO THE REGISTRAR
Same as in the case of actions under Rules of the High Court, with
the following additions:
$ c.
1. On filing declaration of inability to pay debts ................... 5 00
2. On filing petition for Receiving Order ................................ 10 00
3. On filing application for Order of Discharge ..................... 15 00
4. On filing of any other application to the Court……………..5 00
LAWS OF GUYANA
392 Cap. 12:21 Insolvency
[Subsidiary] Insolvency Rules
L.R.O. 1/2012
On a verbal application of an Official Receiver………… 2 00
5. On filing any other document .............................................. 1 00
6. On issuing an insolvency notice ......................................... 2 00
7. On issuing a judgment or other summons ........................ 2 00
8. On attending the public examination of the debtor ... 10 00
9. On attending the hearing of any application to
the Court verbal or otherwise …………………………… 5 00
10. On giving any notice in addition to the actual cost of
printing if same is to be advertised……………………….2 00
11. On searching records .............................................................0 50
In respect of services of a Marshal
Same as in the case of actions under Rules of the High Court. Those
fees (prescribed on the 5th September, 1901, as the scale of fees to
come into force 1st October, 1901) are to be construed and have
effect as if they had been prescribed in accordance with the
provisions of the Act (section 109). ________
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