1170
THE HONG KONG GOVERNMENT GAZETTE, DECEMBER 31, 1936.
Expenses of statement of affairs.
R 54.
Dispensing with state- ment of affairs.
R. 55.
Appoint- ment of Liquidator
meetings of creditors
and con- tributories.
R 56.
Form 24.
Forms 25 and 103 (7).
Form 27,
Forms 103 (8) and (9).
43. A person who is required to make or concur in making any statement of affairs of a Company shall, before incurring any costs or expenses in and about the preparation and making of the statement, apply to the Official Receiver for his sanction, and submit a statement of the estimated costs and expenses which it is intended to incur; and, except by order of the Court, no person shall be allowed out of the assets of the Company any costs or expenses which have not before being incurred been sanctioned by the Official Receiver.
44.-(1) Any application to dispense with the require- ments of section 176 of the Ordinance shall be supported by a report of the Official Receiver showing the special circum- stances which in his opinion render such a course desirable.
(2) When the Court has made an order dispensing with the requirements of the said section, it may give such con- sequential directions as it may see fit and in particular it may give directions as to the sending of any notices which are by these Rules required to be sent to any person mentioned in the Statement of Affairs..
Appointment of Liquidator in a Winding-up by the Court.
45.-(1) As soon as possible after the first meetings of creditors and contributories have been held the Official Receiver, or the Chairman of the meeting, as the case may be, shall report the result of each meeting to the Court.
(2) Upon the result of the meetings of creditors and con- tributories being reported to the Court, the Court may, if the meeting of creditors and the meeting of contributories have each passed the same resolutions, or if the resolutions passed at the two meetings are identical in effect, upon the application of the Official Receiver, forthwith make the appointments necessary for giving effect to such resolutions. In any other case the Court shall, on the application of the Official Receiver, fix a time and place for considering the resolutions and deter- minations (if any) of the meetings, deciding differences (if any), and making such order as shall be necessary.
(3) When a time and place have been fixed for the con- sideration of the resolutions and determinations of the meet- ings, such time and place shall be advertised by the Official Receiver in such manner as the Court shall direct, but so that the first or only advertisement shall be published not less than seven days before the time so fixed.
(4) Upon the consideration of the resolutions and deter- minations of the meetings the Court shall hear the Official Receiver and any creditor or contributory.
(5) If a Liquidator is appointed, a copy of the order appointing him shall be transmitted by him to the Official Receiver and the Official Receiver shall, as soon as the Liquida- tor has given security, cause notice of the appointment to be gazetted. The expense of gazetting the notice of the appoint- ment shall be paid by the Liquidator, but may be charged by him on the assets of the Company.
(6) Every appointment of a Liquidator or Committee of Inspection shall be advertised by the Liquidator in such manner as the Court directs immediately after the appointment has been made, and the Liquidator has given the required security. (7) If a Liquidator in a winding-up by the Court shall die, or resign, or be removed, another Liquidator may be appointed in his place in the same manner as in the case of a first ap-
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