Page 1183 - IOM Law Society Rules Book

PART 13: SPECIAL TYPES OF CLAIM

'the 2009 Act' means the Company Officers (Disqualification) Act 2009;
‘disqualification application’ means an application for a disqualification order;

‘disqualification order’ means an order referred to in section 1(1) of the 2009 Act;
‘disqualification proceedings’ means proceedings on a disqualification application.
(3) All proceedings under this Chapter shall be allocated to the chancery
procedure.
(4) Where proceedings under this Chapter are begun by a claim form, the title of
the proceedings shall be —
(a) in the case of disqualification proceedings, ‘Proceedings under the Company
Officers (Disqualification) Act 2009' followed by the description of the
parties in accordance with Schedule 3.1;
(b) in any other case, ‘Proceedings under the Companies Act 1931 (or as the case
may be) relating to [name of company]’.

13.57 Start of proceedings
(1) Any application under the 1931 Act, the 1982 Act, the 1992 Act, the 2006
Act or the 2009 Act must be made —
(a) in accordance with Chapter 2 of Part 7, where there are pending proceedings
relating to the company in the court, and
(b) otherwise, by the issue of a claim form.
(2) Any application under Schedule 2 to the Insurance Act 1986 must be made
by the issue of a claim form.
13.58 Special procedure for certain applications

(1) This rule applies to applications under the following provisions of the 1931
Act —
(a) section 5 (cancellation of alteration of company’s objects);
(b) section 46 (reduction of share premium account);
(c) section 46A (reduction of capital redemption reserve);
(e) section 57 (reduction of share capital);

(f) section 62 (cancellation of variation etc. of rights attached to class of shares);
(g) section 85 (rectification of register of charges);
(h) section 101 (rectification of register);
(i) section 152 (compromise or arrangement with creditors or members);
(j) section 252 (disclaimer of onerous property);
(k) section 272 (avoidance of dissolution);
(l) section 273 (restoration of name of company to register);
(m) section 303 (cancellation of alteration of form of constitution);
(n) section 337 (relief from liability of officer or auditor).
(2) This rule applies to applications under the following provisions of the 2006
Act —
(a) section 51 (relief in respect of distribution when insolvent);
(b) section 54 (order restraining purchase etc. of shares);
(c) section 64 (rectification of register of members);
(d) section 99 (relief from liability of director);

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