H 58
[Subsidiary]
Application to the court for enforcing an account, and getting in money. R. 199.
Application for payment out by person entitled. R. 200
Application by liquidator for payment out. R 201
LN 50/64
Proceedings for release of liquidator. R. 202.
Forms 98, 99 and 100.
1. N 50/64.
Disposal of books and papers. R. 203.
CAP. 32]
Companies (Winding-up) Rules [1984 Ed.
186. An application by the Official Receiver for the purpose of ascertaining and getting in money payable into the bank pursuant to section 285 of the Ordinance, shall be made by motion.
187. An application by a person claiming to be entitled to any money paid into the bank in pursuance of section 285 of the Ordinance, shall be made in such form and manner as the Official Receiver may from time to time direct, and shall, unless the Official Receiver otherwise directs, be accompanied by the certificate of the liquidator that the person claiming is entitled and such further evidence as the Official Receiver may direct.
188. A liquidator who requires to make payments out of money paid into the bank in pursuance of section 285 of the Ordinance, either by way of distribution or in respect of the cost and expenses of the proceedings, shall apply in such form and manner as the Official Receiver may direct, and the Official Receiver may thereupon either pay to the liquidator the sum required by him for the purposes aforesaid, or may direct cheques to be issued to the liquidator for transmission to the persons to whom the payments are to be made.
Release of Liquidator in A WINDING UP BY THE COURT
189. (1) A liquidator in a winding up by the court before making application to the court for his release, shall give notice of his intention so to do to all the creditors who have proved their debts and to all the contributories, and shall send with the notice a summary of all receipts and payments in the winding up.
(2) When the court has granted to a liquidator his release, a notice of the order granting the release shall be gazetted. The liquidator shall provide the requisite payment for the Gazette, which he may charge against the company's assets.
DISPOSAL OF BOOKS AND Papers
190. (1) The court may order that the books and papers of a company which has been wound up shall not be destroyed for such period (not exceeding 5 years from the dissolution of the company) as the court thinks proper.
(2) Any creditor or contributory may make representations to the court with regard to the destruction of such books and papers.
(3) A resolution for the destruction of the books and papers of such a company within the said period of 5 years or any shorter period fixed by an order of the court in force at the date of such resolution shall not take effect until the expiration of such period 5 years or of such shorter period unless the court shall otherwise direct.
(4) At least one week's notice shall be given to the Official Receiver of any application to the court for an order for destruction of the books and papers of a company before the expiration of such period of 5 years or shorter period.
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