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Official Receiver

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OFFICIAL RECEIVER. An official re ceiver is a person appointed by the Board of Trade to administer the estates of bank rupts. He acts under the directions of the Board of Trade and is also an officer of the Court to which he is attached. There may be more than one official receiver attached to a Court. (Sections 66 and 67 of the Bankruptcy Act, 1883.) The duties of an official receiver are set forth in the following Sections of the Bankruptcy Act, 1883 :— Status of Official Receiver " 68. (1) The duties of the official receiver shall have relation both to the conduct of the debtor and to the administration of his estate.

" (2) An official receiver may, for the pur pose of affidavits verifying proofs, petitions, or other proceedings under this Act, administer oaths.

" (3) All expressions referring to the trustee under a bankruptcy shall, unless the context otherwise requires, or the Act otherwise provides, include the official receiver when acting as trustee.

" (4) The trustee shall supply the official receiver with such information, and give him such access to, and facilities for inspecting the bankrupt's books and documents and generally shall give him such aid, as may be requi site for enabling the official receiver to perform his duties under this Act.

Duties of Official Receive,' as regards the Debtor's Conduct.

"69. As regards the debtor, it shall be the duty of the official receiver " ( To investigate the conduct of the debtor and to report to the Court, stating whether there is reason to believe that the debtor has com mitted any act which constitutes a misdemeanour under the Debtors Act, 1669, or any amendment thereof, or under this Act, or which would justify the Court in refusing, suspending or qualifying an order for his discharge.

" (2) To make such other reports concerning the conduct of the debtor as the Board of Trade may direct.

" (3) To take such part as may be directed by the Board of Trade in the public examination of the debtor.

" (4) To take such part, and give such assistance, in relation to the prosecu tion of any fraudulent debtor as the Board of Trade may direct.

Duties of Official Receiver as to Debtor's Estate.

"70. (1) As regards the estate of a debtor it shall be the duty of the official receiver "(a) Pending the appointment of a trustee, to act as interim receiver of the debtor's estate, and, where a special manager is not appointed, as manager thereof : " (5) To authorise the special man ager to raise money or make advances for the purposes of the estate in any case where, in the interests of the credi tors, it appears necessary so to do : " (c1 To summon and preside at the first meeting of creditors : " (d) To issue forms of proxy for use at the meetings of creditors : " (c) To report to the creditors as to any proposal which the debtor may have made with respect to the mode of liquidating his affairs : " (f) To advertise the receiving order, the date of the creditors first meeting and of the debtor's public ex amination, and such other matters as it may be neces sary to advertise : " (.;) To act as trustee during any vacancy in the office of trustee." In the winding up of joint stock companies, the Companies (Consolidation) Act, I)08, provides as follows : " 147. (1. Where the Court in England has made a winding-up order, there shall be made out and submitted to the official receiver a statement as to the affairs of the company in the pre scribed form, verified by affidavit, and showing the particulars of its assets, debts, and liabilities, the names, residences, and occupations of its creditors, the securities held by them respectively, the dates when the securities ere respectively given, and such further or other information as may be prescribed or as the official receiver may require." (Sec BANK:Ruerev, ComeamEs•)