(2) The Commission shall not present a petition under
subsection (1) for the winding up of any person that is a member of
an Exchange Company unless the Commission has given written
notification of its intention to that Exchange Company.
Receiving orders
43. (1) The Commission may, subject to subsection (2), present
a petition for a receiving order in accordance with the Bankruptcy
Ordinance (Cap. 6) against a registered person if the registered
person has committed an act of bankruptcy within the meaning of that
Ordinance, and that Ordinance shall apply in relation to such
petition as it applies in relation to a petition presented by a
creditor.
(2) The Commission shall not present a petition under
subsection (1) in respect of any person who is a member of an
Exchange Company unless the Commission has given written notification
of its intention to that Exchange Company.
PART VI
SPECIAL PROVISIONS RELATING TO EXCHANGE COMPANIES
AND CLEARING HOUSES
Transfer and resumption of functions
44. (1) If it appears to the Commission that an Exchange
Company is willing and able to perform all or any of the functions to
which this section applies, it may request the Governor in Council to
make an order ("transfer order") transferring all or any of those
functions to that Exchange Company ("designated Exchange Company").