680
THE HONGKONG GOVERNMENT GAZETTE, DECEMBER 15, 1911.
Power of
court to stay proceedings.
or restrain
8 Edw. 7 e. 69 s. 270.
Actions
stayed on
representatives, heirs, and devisecs of deceased contribu- tories, to the trustees of bankrupt or insolvent contributories, and to the liabilities of husbands and wives respectively, shall apply.
248. The provisions of this Ordinance with respect to staying and restraining actions and proceedings against a company at any time after the presentation of a petition for winding up and before the making of a winding-up order shall, in the case of an unregistered company, where the application to stay or restrain is by a creditor, extend to actions and proceedings against any contributory of the company.
249. Where au order has been made for winding up an unregistered company, no action or proceeding shall be winding-up proceeded with or commenced against any contributory of the company in respect of any debt of the company, except by leave of the court, and subject to such terms as the court may impose.
order. Ib. s. 271.
Directions as to property
in certain
cases,
Ib. s. 212.
Provisions of Part of Or- dinance cumulative. Ib. s. 273.
Require ments as to
companies established outside the Colony. Ib. s. 274
250. If an unregistered company has no power to sue and be sued in a common name, or if for any reason it appears expedient, the court may by the winding-up order, or by any subsequent order, direct that all or any part of the property, real and personal (including things in action), belonging to the company, or to trustees on its behalf, is to vest in the liquidator by his official name, and thereupon the property or the part thereof specified in the order shall vest accordingly ; and the liquidator may, after giving such indenuity (if any) as the court may direct, bring or defend in his official name any action or other legal proceeding relating to that property, or necessary to be brought or defended for the purposes of effectually winding up the company and recovering its property.
251. The provisions of this Part of this Ordinance with respect to unregistered companies shall be in addition to and not in restriction of any provisions bereinbefore in this Ordinance contained with respect to winding up companies by the court, and the court or liquidator may exercise any powers or do any act in the case of un- registered companies which might be exercised or done by it or him in winding up companies formed and registered under this Ordinance; Lut au uuregistered company shall not, except in the event of its being wound up, be deemed to be a company under this Ordinance, and then only to the extent provided by this Part of this Ordinance.
PART IX.
COMPANIES ESTABLISHED OUTSIDE THE COLONY, 252-(1) Every company incorporated outside the Colony which shall establish a place of business within the Colony, shall within one mouth from the establishment of the place of business file with the registrar of companies-
(r) a certified copy of the charter, statutes, or me- morandum and articles of the company, or other instrument constituting or defining the constitu- tion of the company, and, if the instrument is not written in the English language, a certified translation in the English language thereof; (b) a list of the directors of the company; (c) the names and addresses of some one or more persons resident in the Colony authorised to accept on behalf of the company service of process and any notices required to be served on the company;
of
and, in the event of any alteration being made in any such instrument or in the directors or in the names or addresses any such persons as aforesaid, the company shall within the prescribed time file with the registrar a notice of the alteration.
(2) Any process or notice required to be served on the company shall be sufficiently served if addressed to any person whose name has been so filed as aforesaid and left at or sent by post to the address which has been so filed.
(3) Every company to which this section applies shall in every year file with the registrar such a statement in the form of a balance sheet as would, if it were a company
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