48

THE HONGKONG GOVERNMENT GAZETTE, FEBRUARY 14, 1913.

Liquidator's meetings of creditors and

contribu- tories.

Form 71.

Application

of rules as to meetings.

tions thereon which the Official Receiver may think fit to make. The proceedings at a meeting shall not be in validated by reason of any summary or notice required by these Rules not having been sent or received before the meeting.

109. In addition to the first meetings of creditors and contributories and in addition also to meetings of creditors and contributories directed to be held by the Court under section 209 of the Ordinance (hereinafter referred to as Court meetings of creditors and contributories), the Li- quidator may himself from time to time subject to the provisions of the Ordinance and the control of the Court summon, hold and conduct meetings of the creditors or contributories (hereinafter referred to as Liquidator's meet- ings of creditors and contributories) for the purpose of ascertaining their wishes in all matters relating to the wind ing-up.

110. Except where and so far as the nature of the sub- ject-matter or the context may otherwise require the snc- ceeding Rules as to meetings hereinafter set out are intended to apply to first meetings, Court meetings and Liquidator's meetings of creditors and contributories, but so nevertheless that the said Rules shall take effect as to first meetings subject and without prejudice to any express provisions of the Ordinance and as to Court meetings subject and without prejudice to any express directions of the Court.

Summoning 111. The Official Receiver or Liquidator shall summon all of meetings. meetings of creditors and contributories by giving not less than seven days notice of the time and place thereof in the Gazette and in one or more local papers; and shall not less than seven days before the day appointed for the meeting send by post to every person appearing by the Company's books to be a creditor of the Company notice of the meeting of creditors, and to every person appearing by the Com- pany's books or otherwise to be a contributory of the Company notice of the meeting of contributories.

Proof of notice.

Forms 72 and 78.

Place of meetings.

Costs of calling meeting.

The notice to each creditor shall be sent to e address given in his proof, or if he has not proved to the address given in the Statement of irs of the Company, or to such other address as may be known to the person summon- ing the meeting, The notice to each contributory shall be seut to the address mentioned in the Company's books as the address of such contributory, or to such other address as may be known to the person summoning the meeting,

112. A certificate by the Official Receiver or other officer of the Court, or by the Clerk of any such person, or arr affidavit by the Liquidator, or his solicitor, or the Clerk of either of such persons, that the notice of any meeting has been duly posted, shall be sufficient evidence of such notice having been duly sent to the person to whom the same was addressed.

113. The meetings shall be held at such place as is in the opinion of the Official Receiver or Liquidator most convenient for the majority of the creditors or contributories or both. Different times or places or both may if thought expedient be named for the meetings of creditors and for the meetings of contributories.

114. The costs of summoning a meeting of creditors or contributories at the instance of any person other than the Official Receiver or Liquidator shall be paid by the person at whose instance it is summoned who shall before the meeting is summoned deposit with the Official Receiver or Liquidator (as the case may be) such sum as may be re- quired by the Official Receiver or Liquidator as security for the payment of such costs. The costs of summoning such meeting of creditors or contributories, including all dis- bursements for printing, stationery, postage and the hire of room, shall be calculated at the following rate for each creditor or contributory to whom notice is required to be sent, namely, $1 per creditor or contributory for the first 20 creditors or contributories, 50 cents per creditor or contri- bútory for the next 30 creditors or contributories, 25 cents per creditor or contributory for any mumber of creditors or

Share This Page