(
1984 Ed.]
Companies Winding-up) Rules
[CAP. 32
H 39
[Subsidiary]
(2) The notice to each creditor shall be sent to the address given in his proof, or if he has not proved to the address given in the statement of affairs of the company, if any, or to such other address as may be known to the person summoning the meeting. The notice to each contributory shall be sent 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.
(3) In the case of meetings under section 245 of the Ordinance the continuing liquidator or if there is no continuing liquidator any creditor may summon the meeting.
(4) This rule shall not apply to meetings under section 241 or 248 of the Ordinance.
115. A certificate by the Official Receiver or other officer of the court, or by the clerk of any such person, or an affidavit by the liquidator, or creditor, or his solicitor, or the clerk of either of such persons, or as the case may be by some officer of the company or its solicitor or the clerk of such company or solicitor 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.
116. Every meeting shall be held at such place as is in the opinion of the person convening the same 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.
117. 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 required 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 disbursements 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, and 50 cents per creditor or contributory for the next 30 creditors or contributories, and 25 cents per creditor or contributory for any number of creditors or contributories after the first 50.
The said costs, including the costs (as so calculated) of summoning a meeting under section 166 and of complying with the requirements of section 166A in respect of such meeting, shall be repaid out of the assets of the company if the court shall by order or if the creditors or contributories (as the case may be) shall by resolution so direct. This rule shall not apply to meetings under sections 241 and 245 of the Ordinance.
Proof of notice.
R. 128.
Forms 76 and 77.
Place of meetings.
R. 129.
Costs of calling meeting.
R. 130.
L.N. 201/84.
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