34
THE HONGKONG GOVERNMENT GAZETTE, FEBRUARY 14, 1913.
Committee
not to make
profit.
146. No member of a Committee of Inspection shall,
of Inspection except under and with the sanction of the Court, directly or indirectly, by himself or any employer, partner, clerk, agent, or servant, be entitled to derive any profit from any transaction arising out of the winding-up, or to receive out of the assets any payment for services rendered by him in connection with the administration. of the assets, or for any goods supplied by him to the Li- quidator for or on account of the Company. If it appears to the Official Receiver that any profit or payment has been made contrary to the provisions of this Rule, he may disallow such payment or recover such profit, as the case may be, on the audit of the Liquidator's accounts.
Costs of obtaining sanction of Court,
Sanction of payments to Committee.
Discharge of costs before assets hand- ed to Liquid-
ator,
Resignation
of Liquid- ator.
147. In any case in which the sanction of the Court is obtained under the two last preceding Rules, the cost of obtaining such sanction shall be borne by the person in whose interest such sanction is obtained, and shall not be payable out of the Company's assets.
148. Where the sanction of the Court to a payment to a member of a Committee of Inspection for services ren- dered by him in connection with the administration of the Company's assets is obtained, the order of the Court shali specify the nature of the services, and such sauction shall only be given where the service performed is of a special nature. Except by the express sanction of the Court no remuneration shall, under any circumstances, be paid to a member of a Committee for services rendered by him in the discharge of the duties attaching to his office as a member of such Committee.
149.-(1.) Where a Liquidator is appointed by the Court, and has notified his appointment to the Registrar of Companies, and given security to the satisfaction of the Official Receiver, the Official Receiver shall forthwith put the Liquidator into possession of all property of the Com- pany of which the Official Receiver may have custody; provided that such Liquidator shall have, before the assets. are handed over to him by the Official Receiver, discharged. · any balance due to the Official Receiver on account of fees, costs, and charges properly incurred by him, and on account of any advances properly made by him in respect of the Company, together with interest on such advances at the rate of eight per centum per annum; and the Liquidator shall pay all fees, costs, and charges of the Official Receiver which may not have been discharged by the Liquidator before being put into possession of the pro- perty of the Company, and whether incurred before or after he has been put into such possession.
(2.) The Official Receiver shall be deemed to have a lien upon the Company's assets until such balance shall have been paid and the other liabilities shall have been discharged.
(3.) It shall be the duty of the Official Receiver, if so requested by the Liquidator, to communicate to the Li- quidator all such information respecting the estate and affairs of the Company as may be necessary or conducive to the due discharge of the duties of the Liquidator.
150. A Liquidator who desires to resign his office shall summon separate meetings of the creditors and contribu- tories of the Company to decide whether or not the resignation shall be accepted. If the creditors and con- tributories by ordinary resolutions both agree to accept the resignation of the Liquidator, he shall file with the Registrar a memorandum of his resignation, and shall send notice thereof to the Official Receiver, and the resignation · shall thereupou take effect. In any other case the Liquida- tor shall report to the Court the result of the meetings and shall send a report to the Official Receiver and there- upon the Court may, upon the application of the Liquida- tor or the Official Receiver, determine whether or not the resignation of the Liquidator shall be accepted, and may give such directions and make such orders as in the opinion of the Court shall be necessary.