(1984 Ed.) Companies / Winding-up; Rules [CAP. 32 H 37
105. The Official Receiver shall in no case be personally liable for costs in relation to an appeal from his decision rejecting any proof wholly or in part.
GENERAL MEETINGS of Creditors and Contributories in relation to a Winding Up by the Court
106. Unless the court otherwise directs, the meetings of creditors and contributories under section 194 of the Ordinance (hereinafter referred to as the first meetings of creditors and contributories) shall be held within one month, or if a special manager has been appointed, then within 6 weeks after the date of the winding-up order. The dates of such meetings shall be fixed and they shall be summoned by the Official Receiver.
107. The Official Receiver shall forthwith give notice of the dates fixed by him for the first meetings of creditors and contributories by advertisement in the Gazette.
108. The first meetings of creditors and contributories shall be summoned as hereinafter provided.
109. The notices of first meetings of creditors and contributories may be in Forms 18 and 19 appended hereto, and the notices to creditors shall state a time within which the creditors must lodge their proofs in order to entitle them to vote at the first meeting.
110. The Official Receiver shall also give to each of the directors and other officers of the company who in his opinion ought to attend the first meetings of creditors and contributories 7 days' notice of the time and place appointed for each meeting. The notice may either be delivered personally or sent by prepaid post letter, as may be convenient. It shall be the duty of every director or officer who receives notice of such meeting to attend, if so required by the Official Receiver, and if any such director or officer fails to attend, the Official Receiver shall report such failure to the court.
[Subsidiary]
Cost of appeals from decisions as to proofs. R. 116.
First meetings of creditors and contributories. R. 119.
IN139/45 Notice of first meetings. R. 120.
Form 103(2). Summoning of first meetings. R. 121.
Form of notices of first meetings. R. 122.
Forms 18 and 19. Notice of first meetings to officers of company. R. 123.
Form 20. Statement of affairs. R. 124.
111. (1) The Official Receiver shall also, as soon as practicable, send to each creditor mentioned in the company's statement of affairs, and to each person appearing from the company's books or otherwise to be a contributory of the company a summary of the company's statement of affairs, including the causes of its failure, and any observations thereon which the Official Receiver may think fit to make. The proceedings at a meeting shall not be invalidated by reason of any summary or notice required by these rules not having been sent or received before the meeting.
(2) Where prior to the winding-up order the company has commenced to be wound up voluntarily, the Official Receiver may, if in his absolute discretion he sees fit so to do, send to the persons aforesaid or any of them an account of such voluntary winding up.