CHAPTER 26
DEEDS OF ARRANGEMENT ACT
[SUBSIDIARY LEGISLATION]
INDEX TO SUBSIDIARY LEGISLATION
RULES
(Section 28)
G.N. No. 161 of 1931
[R.L. Cap. 26]
[1st December, 1931
PART I
PRELIMINARY PROVISIONS (rules 1-3)
1. Short title and commencement
These Rules may be cited as the Deeds of Arrangement Rules, and shall also apply, as far as practicable, and unless otherwise expressly provided, to all matters arising and to all proceedings taken on any matters under the Act or any Act amending the same, on or after the said day.
2. Interpretation of terms
In these Rules unless the context requires otherwise–
"the Act" means the Deeds of Arrangement Act *;
"debtor" means any person by or for whom or in respect of whose affairs a deed of arrangement as defined by the Act shall be made or entered into and includes a firm of persons in co-partnership;
"deed" means any deed of arrangement as defined by the Act;
"district registrar" means a district registrar appointed under the High Court Registries Rules;
"judge" means a judge of the High Court;
"magistrate" means a magistrate of a court having jurisdiction in bankruptcy;
"receiver" means the official receiver in bankruptcy and includes a deputy official receiver;
"registrar" means the registrar as defined in section 6 of the Act, and includes a deputy registrar.
3. Forms
(1) The forms in the Appendix when applicable, and when they are not applicable, forms of a like character with such variations as circumstances may require, shall be used. When 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.
(2) The receiver may from time to time alter any forms which relate to matters of an administrative and not of a judicial character, or substitute new forms in lieu thereof. When the receiver alters any form or substitutes a new form in lieu of one prescribed by these Rules, such altered or substituted form shall be published in the Gazette.
PART II
EXECUTION OF DEEDS (rules 4-15)
REGISTRATION OF DEEDS (rules 4-7)
4. Affidavits: Forms 4, 5, 6
The affidavits to be made pursuant to section 7 of the Act shall be filed with the registrar.
5. Endorsement on copy of deed for filing
Upon every copy of a deed which is presented for filing there shall be endorsed, by the person who presents it, the name of the debtor, the date of the deed and of the filing thereof, the total amount of duty with which the deed is stamped, and a certificate signed by the advocate of the debtor or the person who presents the copy for filing certifying that the copy is a correct copy of the deed.
6. Execution of deed by trustee prior to registration
An assignment of property by a debtor to a trustee or assignee for the benefit of his creditors shall not be registered under the Act unless it appears from the assignment that it has been or purports to have been executed, or (if not made by deed) signed by the trustee or assignee; and it shall be the duty of the registrar before registering such an assignment, to satisfy himself that the assignment purports to have been duly executed or signed as the case may be by the trustee or assignee thereunder.
7. Certificate of registration on original deed
When a deed is registered under the Act there shall be written on the original deed a certificate stating that the deed has been duly registered as prescribed by the Act, and the date of registration. Such certificate shall be sealed with the seal of the registrar.
SEARCHES AND EXTRACTS (rules 8-9)
8. Extracts from filed copy of deed
Extracts from the filed copy of a deed shall be limited to the date of execution and registration, the names, addresses and descriptions of the debtor and the parties to the deed, and a short statement of the nature and effect of the deed.
9. Search and inspection in district registry
A district registrar shall allow any person to search the index kept by him at any time during office hours, and to make the same extracts as are permitted by the last preceding rule upon payment by such person of the prescribed fee.
A district registrar shall also, if required, cause an office copy to be made of any copy of a deed filed in his office and shall mark and seal the same upon payment of the prescribed fee.
TRANSMISSION OF COPIES TO DISTRICT REGISTRIES (rules 10-15)
10. Endorsement to be made on copies transmitted to district registries
Upon every copy of a deed which pursuant to the Act is transmitted to a district registry there shall be written copies of every endorsement or certificate written on the original deed or on the filed copy thereof. Such copies shall be signed by the registrar or by some other person duly authorised by him.
11. Transmission of copy by post
The copy of a deed which, pursuant to the Act, is required to be transmitted to a district registrar may be transmitted to him by post.
12. Copies to be numbered and filed in district registry
The district registrar shall number the copies of deeds received by him in the order in which they shall respectively be received, and shall file and keep them in his office.
13. Extra copies of deeds to be furnished in certain cases
When a debtor who is one of the parties to a deed of arrangement or who is referred to therein has a place of business or residence situate in the area in which a district registry has been established, there shall be furnished to the registrar sufficient copies of the deed of arrangement to enable him to transmit a copy to the district registrar of each area in which such place of business or residence is situate.
14. Index to be kept in district registry
The district registrar shall keep an index, alphabetically arranged, in which he shall enter, under the first letter of the surname of the debtor, such surname, with his Christian or other names, address and description, and the number affixed to the copy.
15. Office copies and searches
The provisions of sections 11 and 25 of the Act shall apply to all documents filed with the registrar pursuant to the Act or these Rules.
PART III
PROCEDURE (rules 16-22)
16. Applications, how to be made
All applications other than applications under section 9 of the Act which by the Act or these Rules are directed or allowed to be made to the High Court or court having jurisdiction in bankruptcy shall be deemed to be proceedings in bankruptcy and subject to the Act and these Rules shall be made in accordance with and in the manner prescribed for proceedings under the Bankruptcy Act and the Bankruptcy Rules for the time being in force, with such variations as the circumstances may require and shall be supported by affidavit:
Provided that applications for extension of time for procuring the assent of creditors to a deed under section 5(1) or for filing the statutory declaration required by section 5(4) may be made ex parte and without affidavit unless the court shall in any case otherwise order.
17. Applications: to whom to be made
The application shall be made to the registrar of the court or magistrate as the case may be who shall cause the same, together with the affidavits in support, to be filed, and shall appoint a day for the hearing not earlier than fourteen days from the filing of the application. The registrar of the court or the magistrate, as the case may be, may direct notice of the application to be served on such person or persons as he thinks fit, but in the absence of any special direction by him, the notice, together with copies of the affidavits in support, shall be served, when the application is made by the trustee, on the debtor and any creditor or other person to be affected thereby, and, when made by the debtor, on the trustee and on any creditor or other person to be affected thereby, and, when made by a creditor, on the trustee and the debtor.
18. Evidence
The evidence to be used on the application shall, unless the court otherwise orders, be given by affidavit, but any opposite party may require, by notice in writing addressed to any deponent or his advocate, the attendance of such deponent for cross-examination.
19. Affidavits by parties other than applicant
All affidavits intended to be used by any party to such application other than the applicant, shall be filed in court, and copies served on the applicant not less than four days before the day appointed for the hearing of the application.
20. Chambers and adjournment to court
All applications shall be heard and determined by a judge or magistrate as the case may be in chambers but in any case the application may be adjourned to be heard and determined in court.
21. Service of application under section 12(2)
Notice of any application under section 12(2) of the Act to declare a deed void, or appoint another trustee shall be served on the trustee named in the deed not less than eight days before the day appointed for the hearing.
22. Application to determine liability on bond and procedure under section 12(2) to apply
If a trustee fails to pay to a guarantee society, party to a bond under rule 23, the annual premium payable by him within fourteen days of the date when such premium becomes payable, or if the society refuses to accept such premium, the society may apply to the registrar of the court, or magistrate, as the case may be, to determine its liability under the bond and the registrar of the court or magistrate, as the case may be, if satisfied by affidavit that default in payment of the premium has been made by the trustee, or that the refusal of the society to accept the premium in order that its liability may be determined is reasonable, may order that, as from the date of expiration of the year for which the last premium was paid, or as from the date of the order, whichever may be the later date, all further liability of the society shall cease and determine, save and except in respect of any loss or damage occasioned by any act or default of the said trustee in relation to his duties as such trustee as aforesaid previously to such cesser and determination of liability, and the registrar of the court or the magistrate, as the case may be, may exercise any of the powers conferred by section 12(2) of the Act *. Notice of any application under this rule shall be served on the three largest creditors named in the affidavit filed on registration of the deed not less than eight days before the day appointed or hearing the application, and any of such creditors may appear and be heard thereon, and rules 16 to 20 inclusive shall, so far as applicable, be observed.
PART IV
TRUSTEES (rules 23-29)
23. Security by trustee
The security to be given by the trustee under a deed of arrangement pursuant to section 12(1) of the Act shall be by bond of a guarantee society. The guarantee society named in such bond shall be a society whose bonds are accepted by the registrar of the court or magistrate of the court to whom security is given. Pending the preparation of the bond a cover note shall be accepted by the registrar or magistrate of the court, as the case may be.
24. Copy of affidavit of debtor to be filed on giving security
Every trustee on giving security for the due administration of the deed and for accounting fully for the assets pursuant to section 12(1) of the Act shall produce and hand to the registrar of the court or the magistrate, as the case may be, an office copy of the affidavit of the debtor filed on the registration of the deed and the registrar of the court or magistrate, as the case may be, shall file such office copy.
25. Certificate that security given and copy of order to be sent to registrar
When security has been given by a trustee pursuant to section 12(1) of the Act the registrar of the court or magistrate, as the case may be, of the court to which it is given shall within three days after receipt thereof send to the registrar a certificate signed by him certifying that security has been given and the registrar shall forthwith file the same. The registrar of the court or the magistrate, as the case may be, shall also send to the registrar, within three days after any order made under section 12(2) has been perfected, a copy of such order.
26. Notice by new trustee of appointment
Where a new trustee of a deed has been appointed he shall forthwith send to the registrar a notice of his appointment, giving his full name and address, and showing how and when the appointment has been made, and the registrar shall forthwith file the same.
27. Notice to creditor of execution of deed, etc.
Notice under section 25(1) of the Act to a creditor of the execution of a deed and of the filing of the certificate of the assent of creditors thereto shall be sent by prepaid registered post addressed to such creditor at the address mentioned in the affidavit of the debtor filed on the registration of the deed, and service shall be deemed to have been made on the day on which the notice would in the ordinary course of post reach its destination.
28. Audit of trustee's accounts
Where the receiver causes a trustee's accounts to be audited, the trustee shall within seven days of service upon him by registered post of an order made by the receiver directing him to do so, deliver to the receiver copies of all the accounts transmitted by him to the receiver pursuant to section 14 of the Act together with an account in similar form from the date to which the last account extended to the date of the order. Such copies and account shall be sent together with an affidavit verifying the same.
29. Certificate of audit
The account as audited and the auditor's certificate or observations thereon shall be filed and kept by the receiver, and shall be open to the inspection of any creditor or of the trustee, who shall be at liberty to take a copy of such certificate or observations. A certified copy of the certificate or observations shall be supplied to the trustee or to any creditor on application, on payment of the prescribed fee.
PART V
ACCOUNTS (rules 30-41)
30. Transmission of accounts
(1) The accounts of receipts and payments to be transmitted to the receiver by every trustee under a deed shall be on sheets of a size to be prescribed by the receiver and shall be transmitted with the prescribed fee to the official receiver in bankruptcy at Dar-es-Salaam.
(2) The first account shall commence at the date of execution of the deed and be brought down to the end of twelve months from the date of registration thereof, and shall be transmitted within thirty days from the expiration of such twelve months and the subsequent accounts shall be transmitted at intervals of twelve months. Each account shall be brought down to the end of the period of twelve months for which it is sent, and shall be verified by affidavit.
31. Receipts and payments
In the account each receipt and payment must be entered in such a manner as sufficiently to explain its nature.
32. Trading account
When the trustee carries on a business, a trading account must be forwarded as a distinct, and total of receipts and payments on the trading account must alone be set out in the yearly account. The trading account shall be on sheets of such size as the receiver may prescribe.
33. Petty expenses
Petty expenses must be entered in the accounts in sufficient detail to show that no estimated charges are made.
34. Realisations
Where property has been realised, the gross proceeds of sale must be entered under receipts in the account, and the necessary disbursements and charges incidental to sales must be entered as payments.
35. Dividends
Where dividends or instalments of composition are distributed under the deed, the total amount of each dividend or instalment of composition must be entered in the trustee's accounts as one sum, and the trustee shall forward to the receiver:
(a) with each account in which a charge in respect of dividend or composition appears, a statement showing the amount of the claim of each creditor, and the amount of dividend or composition payable to each creditor, distinguishing in such statement the dividends or instalments of composition paid and those remaining unpaid; and
(b) with his final account a complete statement in a similar form showing the amount of the claim and the full amount of dividend or composition paid to or reserved for each creditor. Such statements shall be on sheets of such size as the receiver may prescribe.
36. Partnership accounts
Where the deed has been made by a firm of debtors in partnership, distinct accounts shall be transmitted of the joint estate and of each of the separate estates.
37. Imperfect accounts
Where it appears to the receiver that the account transmitted by a trustee under a deed of arrangement is incomplete, or requires amendment or explanation, the receiver may require such account to be completed or amended or require the trustee to furnish explanations with reference to any of the entries appearing therein, and any such requirement by the receiver may be enforced in the same manner as the transmission of accounts under section 14.
38. Affidavit of no receipts or payments
Where a trustee has not since the date of his becoming trustee, or since the last time that his accounts have been transmitted, as the case may be, received or paid any money on account of the debtor's estate he shall at the period when he is required to transmit his accounts to the receiver, forward to the receiver an affidavit of no receipts or payments.
39. Affidavit verifying final account
As soon as a trustee has realised all the property included in any deed of arrangement, or so much thereof as can probably be realised, and has distributed a final dividend, or final instalment composition or in any other case as soon as the trusts of the deed and the obligations of the trustee have been completely fulfilled the trustee shall forthwith transmit his final account together with an affidavit verifying the same.
40. Summary of accounts or modified form of account in particular cases
In any particular case in which it shall appear to the receiver that an account of receipts and payments in the form and containing the particulars specified in these Rules may for special reasons be dispensed with, the receiver may permit the trustee to transmit, instead of accounts in the form therein specified, such a summary of his accounts or modified statement of accounts as to the receiver shall appear sufficient.
41. Swearing affidavits respecting accounts
All affidavits required by or made in pursuance of section 14 of the Act or these Rules shall if sworn in any place in Tanzania be sworn before a commissioner for oaths, a justice of the peace or magistrate for that place, or the registrar of the court; and may if sworn in any place out of Tanzania be sworn before any person having authority to administer an oath in that place.
PART VI
RETURNS OF REGISTERED DEEDS (rules 42-44)
42. Returns of registered deeds
A return of every registration of a deed of arrangement shall be made to the receiver by the registrar within one week of the date of such registration.
43. Contents of return
The return referred to in rule 42 shall contain the following particulars relating to the deed of arrangement registered–
(a) the date of the deed;
(b) the date of registration;
(c) the full name and address of the debtor;
(d) the description of the trade or business of the debtor;
(e) the place or places where the debtor carries on business, and the title of the firm (if any) under which the business is carried in;
(f) the full name and address of each trustee (if any) under the deed;
(g) the nature and effect of the deed, and where a composition is provided for, the amount of composition payable thereunder;
(h) the gross amount and net amount of liabilities as shown in the register;
(i) the gross value and net value of the property as shown in the register;
(j) such further particulars as the receiver may by letter addressed to the registrar require.
44. Returns by registrar
The registrar shall furnish the receiver with copies of all alterations in and additions to particulars in the register of any deed of arrangement within one week of such alteration or addition being made.
APPENDIX
FORMS
LIST OF FORMS
No. | |
1. | General title. |
2. | Assent of creditor to deed. |
3. | Statutory declaration by trustee as to assents of creditors. |
4. | Affidavit of execution by debtor. |
5. | Affidavit of execution where deed is first executed by a creditor. |
6. | Debtor's affidavit. |
7. | Form of register to be kept by registrar. |
8. | Statutory declaration by trustee that creditors have dispensed with his giving security. |
9. | Security by trustee under section 12(1). |
10. | Cover note. |
11. | Certificate of the Act of security. |
12. | Order declaring deed void or appointing new trustee. |
13. | Statement pursuant to section 15. |
14. | Notice to creditors of deed of arrangement. |
15. | Trustee's account of receipts and payments. |
16. | Affidavit verifying trustee's account. |
17. | Trustee's trading account. |
18. | List of dividends or compositions. |
19. | Affidavit verifying trustee's final account. |
FORMS
FORM 1
GENERAL TITLE
THE DEEDS OF ARRANGEMENT ACT (CAP. 26)
In the matter of a Deed of Arrangement between ............................................................ {mprestriction ids="1,2,3"} |
Trustee (A.B) of ............................................. |
FORM 2
ASSENT OF CREDITOR TO DEED
THE DEEDS OF ARRANGEMENT ACT (CAP. 26)
(Title) |
I (or we), being a creditor (or creditors) of .................................................................... for Shs. ....................., hereby assent to the above-mentioned Deed of Arrangement. |
Dated this ......................... day of ......................... 20........ |
Name, address, and description |
......................................................... (C.D.) |
FORM 3
STATUTORY DECLARATION BY TRUSTEE AS TO ASSENTS OF CREDITORS
THE DEEDS OF ARRANGEMENT ACT (CAP. 26)
TO BE FILED WITH REGISTRAR OF BILLS OF SALE |
I, ................................................................ of ...................................................... |
Declared at ....................................................................., |
in the ...................................... of...................................., |
this ................................... day of ..................................., |
20 .............. |
Before me, ....................................................... |
FORM 4
AFFIDAVIT OF EXECUTION BY DEBTOR
THE DEEDS OF ARRANGEMENT ACT (CAP. 26)
In the High Court of Tanzania |
I, .........................................................., of............................................................... |
1. The document hereto annexed marked "A" is a true copy of a Deed of 1 ...................... |
2. The Deed was executed on the ........................... day of ......................... 20......, by ..........................., the debtor, at .................... of the clock in the fore (after) noon. I was present when the debtor executed the said Deed and saw him execute the same. |
3. The said 2 ............................................ resides at ................................................. |
4. The place or places where the business of .................................................. in the said .......................................... is carried on is (or are) as follows: 3 ..................................... |
Sworn at ............................................................................ |
Before me, .................................................... |
FORM 5
AFFIDAVIT OF EXECUTION WHERE DEED IS FIRST EXECUTED BY A CREDITOR
THE DEEDS OF ARRANGEMENT ACT (CAP. 26)
In the High Court of Tanzania |
I, ............................................................., of .......................................................... |
1. The document hereto annexed marked "A" is a true copy of a Deed of 1 ......................................... and of every Schedule or Inventory thereto annexed or therein referred to. |
2. The Deed was first executed by 2 ........................................... a creditor (who resides at ...................... and is ..........................................), on the ............................. day of .................................... 20......, at .................. of the clock in the fore (after) noon. I was present when the said .......................... executed the said Deed, and saw him execute the same. |
3. The debtor 3 ........................................... resides at ............................................... |
4. The place or places where the business of the said debtor is carried on is (or are) as follows: 4 ....................................................................................................................... |
Sworn, etc. |
FORM 6
DEBTOR'S AFFIDAVIT WITH SCHEDULE OF CREDITORS
THE DEEDS OF ARRANGEMENT ACT (CAP. 26)
In the High Court of Tanzania |
I, ............................................................... of ........................................................., |
1. That on the ............................ day of ........................ 20......, I executed a Deed of 1 |
2. The total estimated amount of my property included under the Deed is Shs. ................, and the net amount of my property included under the Deed, after deducting Shs. ................, being the value 2 of securities held by creditors, and required to cover debts due to them, is Shs. ............... |
3. The total estimated amount of my liabilities included under the Deed is Shs. ..............., and the net amount of my liabilities included under the Deed, after deducting Shs. ..............., being the 3 amount covered by securities held by creditors, is Shs. .............. |
4. 4 The total amount of the composition payable thereunder is Shs. ............. |
5. The names of my creditors under the Deed with their full postal addresses (so far as the same are known to me) and the amount of debt due to or claimed by each of such creditors are contained in the Schedule to this my affidavit. |
Sworn at ................................................................, |
Before me, ........................................................ |
SCHEDULE
FORM 7
FORM OF REGISTER TO BE KEPT BY REGISTRAR
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FORM 8
STATUTORY DECLARATION BY TRUSTEE THAT CREDITORS HAVE DISPENSED WITH SECURITY
THE DEEDS OF ARRANGEMENT ACT (CAP. 26)
TO BE FILED WITH REGISTRAR OF BILLS OF SALE |
(Title) |
I, ............................................................of ............................................................. |
Declared at ................................................................. |
Before me, ........................................................... |
FORM 9
SECURITY BY TRUSTEE UNDER SECTION 12(1) OF THE ACT
THE DEEDS OF ARRANGEMENT ACT (CAP. 26)
No. ................................................. | |
Amount of guarantee, Shs. ............ Annual premium, Shs. ............ |
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KNOW ALL MEN by these presents, that we (trustee) .......................................... and the (a guarantee society) .............................................. (hereinafter called the said society) are jointly and severally held and firmly bound to the judge (or Registrar, as the case may be, of the ................................................. Court) in the sum of Shs. ............ to be paid to the said Judge (or Registrar), his successors and assigns, for which payment to be made I, the said ..........................................., for myself, my heirs, executors and administrators, and we, the said society, for ourselves and our successors, jointly and severally bind ourselves firmly by these presents. Sealed with our seals and dated this ......................... day of ........................., 20...... |
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Whereas on the ......................... day of ......................... 20...... ............................... of ........................................ executed a Deed of Arrangement for the benefit of his (her or their) creditors, which was duly registered on the ......................... day of ......................... 20...... |
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And whereas the said ........................................... (hereinafter called the said trustee) is the trustee under the aforesaid Deed of Arrangement. |
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And whereas the estimated assets available for distribution among the unsecured creditors, as shown by the affidavit filed on registration of the Deed, amount to the sum of Shs. ............ |
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Now, therefore, the condition of this bond or obligation is such that if the said trustee shall administer the trust deed properly and account fully for the assets which come to his hands, and shall and do from time to time well and sufficiently perform and execute all and singular the duties required of him under the Deed of Arrangement of which he is trustee, and by any statutes and rules relating to such trusteeship, or if the said trustee shall fail therein and the said society shall make good any loss or damage occasioned by any such default made on or after the date hereof to the estate of the said debtor to the extent of Shs. ................. this obligation shall be void or otherwise shall remain in full force and virtue: |
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Provided always, and it is hereby agreed and declared, that this bond is entered into by the said society on the condition that the capital stock and funds for the time being of the said society shall alone be liable to answer and make good all claims or demands in respect of this bond and that no director or other proprietor or holder of shares of the said society shall in any manner be personally liable or subject to any claims or demands by reason of such bond, beyond his or her particular share or shares of such capital stock and funds: |
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Provided always, and it is further agreed between the said trustee and the said society, that the said trustee on ceasing to act as such trustee as aforesaid shall forthwith give notice thereof in writing to the said society: |
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Provided always that the said trustee, his heirs, executors or administrators shall and will from time to time and at all times save, defend and keep harmless the said society, and their successors and the capital stock, funds or property of the said society from and against all loss or damage, costs and expenses which the said society or the capital, stock, funds or property thereof shall or may or otherwise might at any time sustain or be put unto for or by reason or in consequence of the said society having entered into the above written bond for him and at his request. |
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And the said trustee hereby covenants that he will on the ......................... day of ........................., of each successive year during the continuance of his administration of the estate, under the Deed, pay or cause to be paid to the said society the annual premium of Shs. ............ |
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In witness whereof the said trustee hath hereunto set his hand and seal and the said society have hereunto caused their seal to be affixed the day and year first above-written. |
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Signed, sealed and delivered | |
The seal of the said society was hereunto affixed in the presence of: |
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..................................................... |
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..................................................... |
FORM 10
COVER NOTE
THE DEEDS OF ARRANGEMENT ACT (CAP. 26)
Bond No. ............................, 20........ |
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Mr. ............................................., of .................................................. having this day effected a guarantee for Shs. ............ in favour of the Judge or Registrar (as the case may be) of the ................................................. Court, as trustee under a Deed of Arrangement executed by ................................................. on the terms and conditions contained in the society's bond (according to the form prescribed under the Deeds of Arrangement Rules), a bond will be prepared and delivered to the Chief Justice within fourteen days of this date. |
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................................................... |
FORM 11
CERTIFICATE OF SECURITY
THE DEEDS OF ARRANGEMENT ACT (CAP. 26)
(Title) |
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I hereby certify that Mr. ............................................. of ............................................, |
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Dated the ......................... day of ......................... 20........ |
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................................................. |
FORM 12
ORDER DECLARING DEED VOID OR APPOINTING NEW TRUSTEE
THE DEEDS OF ARRANGEMENT ACT (CAP. 26)
(Title) |
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Whereas ........................................................ is the trustee under the above-mentioned Deed of Arrangement and whereas it has been proved to the satisfaction of the Court that the said ....................................... has failed to comply with the requirements of section 12(1) of the Deeds of Arrangement Act. Now on the application of ...................................................... a creditor, and upon hearing ............................................ and upon reading ................................, this Court doth declare the said Deed of Arrangement to be void (or doth order that) ............................................... of ......................................................, be appointed trustee under the said Deed in place of the said ........................................................, but this order shall not take effect unless the said ........................................................... shall give security as provided by section 12(1) of the Deeds of Arrangement Act within ...................... days after this date (or as the Court may order with reference to security). |
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By the Court. |
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FORM 13
STATEMENT OF ACCOUNTS PURSUANT TO SECTION 15
THE DEEDS OF ARRANGEMENT ACT (CAP. 26)
In the matter of a Deed of Arrangement, dated this ........................ day of ........................, 20........, and registered on the .......................... day of ........................., 20........, between ...................................... as debtor, and ......................................................, as trustee. |
The total payments into the 1 ............................................. Bank to the ........................ |
The amounts of the assets and liabilities at the time the deed was executed as estimated by the debtor were Assets after deducting Shs. ............. the value of securities held by creditors and required to cover debts due to them, Shs. ............. |
Liabilities after deducting Shs. ............, the amount covered by securities, Shs. ............ |
The nature and value of the assets unrealised are 2 ........................................................... |
The causes which delay the termination of the winding up of the estate are 3 ........................ |
The estate will probably be completely wound up within ...................................................... |
The following special circumstances affect the cost of realisation and the administration of the estate, viz., 4........................................................................ |
Trustee |
Address ................................................................................ Date ........................................ |
FORM 14
NOTICE TO CREDITORS OF DEED OF ARRANGEMENT
THE DEEDS OF ARRANGEMENT ACT (CAP. 26)
(Title) |
Take notice that a Deed of Arrangement by, for, or in respect of the affairs of ..................... of ....................., has been duly executed and registered, and a certificate of the assents of creditors thereto duly filed, and that after the expiration of one month (insert date of posting) you will not be entitled to present a bankruptcy petition against ............................................ founded on the execution of the Deed, or on any other act committed by him (or them) in the course of or for the purpose of proceedings preliminary to the execution of the Deed, as an act of bankruptcy, unless the Deed becomes void. |
Dated this ......................... day of ......................... 20........ |
(Signed) .................................................................... |
To A.B. |
(a creditor of the said debtor) |
FORM 15
TRUSTEE'S ACCOUNT OF RECEIPTS AND PAYMENTS
THE DEEDS OF ARRANGEMENT ACT (CAP. 26)
In the Matter of a Deed of Arrangement |
Between ........................................................... and his creditors. |
Trustee |
Statement of Trustee's Accounts and Proceedings under the Deed from the .................... day of .................... 20........, to the .................... day of .................... 20........ |
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Account of Receipts and Payments pursuant to Section 14 of the Deeds of Arrangement Act
NOTE: The outstanding estate consists of (here set out particulars of any outstanding
estate and the estimated value thereof)
FORM 16
AFFIDAVIT VERIFYING TRUSTEE'S ACCOUNT
THE DEEDS OF ARRANGEMENT ACT (CAP. 26)
In the Matter of a Deed of Arrangement dated the .......................... day of ......................... 20........, and registered the ......................... day of ......................... 20........ between A.B. as debtor and G.H. as trustee. |
I, G.H., of .............................................................., the trustee for the purposes of the above-mentioned Deed (or the person distributing the composition herein), make oath and say: |
1. That 1 the account hereunto annexed marked "B" contains a full and true account of my receipts and payments on account of the estate comprised in the said deed from the ......................... day of ......................... 20........ to the ......................... day of ........................., 20........, inclusive 2 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 3 other than and except the items mentioned and specified in the said account. |
2. That on the ........................ day of ......................... 20........, and the ........................., |
Sworn at, etc. |
FORM 17
TRUSTEE'S TRADING ACCOUNT
THE DEEDS OF ARRANGEMENT ACT (CAP. 26)
(Title as in No. 15) |
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Account of receipt and payments in connection with the debtor's business pursuant to rule 32: |
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Receipts | Payments |
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Date | Date | ||||||
(Date) ................................... | G.H. Trustee |
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1 We have examined this account with the vouchers and find the same correct, and we are of opinion the expenditure has been proper. |
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Dated this ......................... day of ......................... 20........ |
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.............................................................. |
FORM 18
LIST OF DIVIDENDS OR COMPOSITIONS
THE DEEDS OF ARRANGEMENT ACT (CAP. 26)
In the Matter of a Deed of Arrangement, dated the ......................... day of ......................... 20........., and registered on the ......................... day of ........................., 20........ between ............................................., as debtor, and ....................................., as trustee. |
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I hereby certify that a dividend (or composition) of .................................. in the Shs. has been paid in the above matter, and that the creditors whose names are set forth below are entitled to the amounts set opposite their respective names in the columns headed "Amount of Dividend (or Composition)" and I further certify that the column headed "Unpaid" contains a true and complete list of all unpaid dividends or compositions. |
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Dated the .......................... day of ......................... 20........ |
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Trustees |
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To the Receiver |
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Surname | First Name | Amount of claim | Amount of Dividend (or Composition) |
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Paid | Unpaid |
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FORM 19
AFFIDAVIT VERIFYING TRUSTEE'S FINAL ACCOUNT
THE DEEDS OF ARRANGEMENT ACT (CAP. 26)
(Title in No. 16) |
I, ...................................................., of ................................................., the trustee for |
1. That 1 the account hereunto annexed marked "B" contains a full and true account of my receipts and payments on account of the estate comprised in the said Deed from the ............................. day of ............................ to the date of swearing this affidavit inclusive 2 and that I have not, nor has any person by my order or for my use during such period received or paid any moneys on account of the said estate, 3 other than and except the items mentioned and specified in the said account. |
2. 4 That all the property assigned under the Deed, or so much thereof as can probably be realised, has been realised and distributed according to the terms of the Deed, and that a dividend (or dividends) of ............................................... in the Shs. has been paid as shown in the list hereunto annexed, marked "C". |
or |
3. 5 That the composition proposed under the Deed has been fully received and distributed as far as possible, as shown in the list hereunto annexed, marked "C". |
4. That on the ....................... day of ...................... 20......, and the ...................... day of ........................ 20......, I duly sent to each creditor of the said ........................................... |
Sworn at, etc. |
I SCALE OF FEES FILING | Shs. | Cts. |
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1. When the total estimated amount of property included under or the total amount of composition payable under a deed shall appear from the affidavit of the debtor not to exceed the following amounts, the fee on filing such deed shall be as under: | |||
Shs. | |||
When the property does not exceed | 20,000 | 20 | |
Exceeds Shs. 20,000 but does not exceed | 40,000 | 40 | |
Exceeds Shs. 40,000 but does not exceed | 60,000 | 60 | |
Exceeds Shs. 60,000 but does not exceed | 80,000 | 80 | |
Exceeds | 80,000 | 100 | |
In every case to which the above fees do not apply | 40 | ||
2. On every certificate, endorsed on an original deed, of the registration thereof | 4 | ||
3. On every copy of a deed transmitted to a District Registrar, for every folio of 100 words or part of a folio contained in such copy | 50 |
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4. On every statutory declaration of notice filed in the office for the registration of deeds of arrangement, pursuant to the Deeds of Arrangement Act, or the Deeds of Arrangement Rules | 4 | ||
SEARCHES | |||
5. On searching the register (for every name inspected) and on inspecting the filed copy, including the limited extract to be taken pursuant to the Act and Rules | 4 | ||
COPIES | |||
6. On office copies and extracts of or from the filed copy 6 of a deed for every folio of 100 words or part thereof | 4 & 2 | ||
7. On examining a copy brought in to be marked as an office 7 copy, for every folio of 100 words or part thereof | 2 & 1 | ||
SECURITY | |||
8. On applying to give security under a deed of arrangement, pursuant to section 12(1) of the Act, for taking security and giving certificate: | |||
Where the estimated assets available for distribution amongst the unsecured creditors, as shown by the affidavit filed on registration are less than Sh. 2,000/= | 10 | ||
In all other cases | 20 | ||
9. On any proceedings under sections 5(1), 5(4), 12(2), 17, 19 or 24 or under rule 22 of the Deeds of Arrangement Rules the like fee is payable on a similar proceeding under the Bankruptcy Act and Rules. | |||
10. On all other documents and proceedings not otherwise provided for, the same fees as are payable in respect of the like documents and proceedings under the Court Fees Rules, or any amendment thereof, or when not provided for under the Court Fees Rules, the same fee as is payable under the Scale of Fees under the Deeds of Arrangement Act, 1914. | |||
II FEES PAYABLE TO RECEIVER | |||
On each account transmitted by a trustee under a deed of arrangement in pursuance of section 14 of the Deeds of Arrangement Act, a fee upon the gross amount of the assets realised and brought to credit, or in the case of composition distributed, during the period comprised in the account, according to the following scale: | |||
1. On every Shs. 2,000 of fraction of Shs. 2,000 up to Shs. 10,000 | 5 | ||
On every Shs. 2,000 or fraction of Shs. 2,000 above Shs. 10,000 | 2 | 50 |
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2. On every application in pursuance of section 14(3) of the Deeds of Arrangement Act to inspect accounts of a trustee under a deed of arrangement | 1 | ||
3. For every copy of or extract from such accounts, furnished by the Official Receiver in bankruptcy, each 8 folio of 100 words or figures, or part thereof | 3 & 1 | ||
4. On every application to the Official Receiver in bankruptcy under section 16(1) of the Deeds of Arrangement Act for an official audit of a trustee's accounts | 20 | ||
5. On the audit of a trustee's accounts by the Receiver in pursuance of section 16(1) of the Deeds of Arrangement Act. | |||
A fee not being less than Shs. 100 according to the following scale on the amount brought to credit after deducting (1) the amount received and spent in carrying on the business and (2) the amount paid to secured creditors out of the proceeds of their securities, viz.: | |||
On every Shs. 2,000 or fraction of Shs. 2,000 up to Shs. 100,000 | 20 | ||
On every Shs. 2,000 or fraction of Shs. 2,000 beyond Shs. 100,000 | 10: | ||
Provided that there shall be deducted from this fee the amount of any fees taken on accounts transmitted in pursuance of section 15 of the Deeds of Arrangement Act. |
{/mprestriction}