Interpretation of Parts 4 to 12
s 61
61.—(1) In Parts 4 to 12, unless the context otherwise requires —“accounts” has the meaning given by section 4(1) of the Companies Act 1967; “books” has the meaning given by section 4(1) of the Companies Act 1967; “business day” means any day other than a Saturday, Sunday or public holiday; “certified” —(a) in relation to a copy of a document, means certified in the prescribed manner to be a true copy of the document; and (b) in relation to a translation of a document, means certified in the prescribed manner to be a correct translation of the document into the English language; “charge” has the meaning given by section 4(1) of the Companies Act 1967; “chief executive officer” has the meaning given by section 4(1) of the Companies Act 1967; “company limited by guarantee” has the meaning given by section 4(1) of the Companies Act 1967; “company limited by shares” has the meaning given by section 4(1) of the Companies Act 1967; “constitution”, in relation to a company, has the meaning given by section 4(1) of the Companies Act 1967; “creditors’ voluntary winding up” means a winding up under Division 3 of Part 8, other than a members’ voluntary winding up; “debenture” has the meaning given by section 4(1) of the Companies Act 1967; “default penalty” means a default penalty within the meaning given by section 267; “director” has the meaning given by section 4(1) of the Companies Act 1967; “document” includes any summons, order or other legal process, any notice and any register; “holding company” has the meaning given by section 5 of the Companies Act 1967; “limited company” has the meaning given by section 4(1) of the Companies Act 1967; “members’ voluntary winding up” means a winding up under Division 3 of Part 8, for which a declaration has been made and lodged under section 163; “netting arrangement” means an arrangement under which 2 or more claims or obligations can be converted into a net claim or obligation, and includes a close‑out netting arrangement (under which actual or theoretical debts are calculated during the course of a contract for the purpose of enabling them to be set off against each other or to be converted into a net debt); “officer”, in relation to a corporation, includes —(a) a director or secretary of the corporation, or a person employed in an executive capacity by the corporation; (b) a receiver and manager of any part of the undertaking of the corporation appointed under a power contained in any instrument; and (c) a liquidator of a company appointed in a voluntary winding up, but does not include — (d) a receiver who is not also a manager; (e) a receiver and manager appointed by the Court; (f) a liquidator appointed by the Court or by the creditors; or (g) a judicial manager appointed under Part 7; “preferential debt” means any debt that is to be paid in priority to all other unsecured debts, and is specified in section 203; “registered”, in relation to a corporation, means registered under the Companies Act 1967 or any corresponding previous enactment; “resolution for voluntary winding up” means the resolution mentioned in section 160; “scheme manager”, in relation to any scheme of arrangement between a company and the company’s creditors or any class of those creditors, under Part 7 of the Companies Act 1967 or Part 5 of this Act, means any person appointed by the Court or the company under the scheme of arrangement to administer and manage the scheme of arrangement; “scheme of arrangement” means any compromise or arrangement, between a company and the company’s creditors or any class of those creditors, approved under Part 7 of the Companies Act 1967 or Part 5 of this Act; “security” means any mortgage, charge, pledge, lien or other security recognised by law; “set‑off arrangement” means an arrangement under which 2 or more debts, claims or obligations can be set off against each other; “share” has the meaning given by section 4(1) of the Companies Act 1967; “special notice” has the meaning given by section 185 of the Companies Act 1967; “special resolution” means a special resolution mentioned in section 184 of the Companies Act 1967; “statutory meeting” has the meaning given by section 4(1) of the Companies Act 1967; “statutory report” has the meaning given by section 4(1) of the Companies Act 1967; “treasury share” has the meaning given by section 4(1) of the Companies Act 1967; “ultimate holding company” has the meaning given by section 5A of the Companies Act 1967; “unit” has the meaning given by section 4(1) of the Companies Act 1967; “unlimited company” has the meaning given by section 4(1) of the Companies Act 1967. (2) A reference in Parts 4 to 12 to the directors of a company is, in the case of a company that has only one director, to be construed as a reference to that director. (3) A reference in Parts 4 to 12 to the doing of any act by 2 or more directors of a company is, in the case of a company that has only one director, to be construed as the doing of that act by that director.