272
CAP. 32]
Companies
[1984 Ed.
Oversea companies may be wound up although dissolved.
1948 c. 38, s. 400.
Contributories in winding up of unregistered company. 1929 c. 23. s. 339.
Power of court to stay or restrain proceeding.
1929 c. 23, s. 340.
Actions stayed on winding-up order.
1929 c. 23, s. 341.
Provisions of Part X cumulative.
1929 c. 23. s. 342.
(c) if execution or other process issued on a judgment, decree or order obtained in any court in favour of a creditor against the company, or any member thereof as such, or any person authorized to be sued as nominal defendant on behalf of the company, is returned unsatisfied;
(d) if it is otherwise proved to the satisfaction of the court that the company is unable to pay its debts.
(Replaced, 6 of 1984, s. 222)
327A. Where a company incorporated outside Hong Kong which has been carrying on business in Hong Kong ceases to carry on business in Hong Kong, it may be wound up as an unregistered company under this Part, notwithstanding that it has been dissolved or otherwise ceased to exist as a company under or by virtue of the laws of the place of its incorporation.
(Added, 6 of 1984, s. 223)
328. (1) In the event of an unregistered company being wound up, every person shall be deemed to be a contributory who is liable to pay or contribute to the payment of any debt or liability of the company, or to pay or contribute to the payment of any sum for the adjustment of the rights of the members among themselves, or to pay or contribute to the payment of the costs and expenses of winding up the company, and every contributory shall be liable to contribute to the assets of the company all sums due from him in respect of any such liability as aforesaid.
(2) In the event of the death, bankruptcy, or insolvency, of any contributory, or marriage of any female contributory, the provisions of this Ordinance with respect to the personal representatives of deceased contributories, to the trustees of bankrupt or insolvent contributories, and to the liabilities of husbands and wives respectively, shall apply. (Amended, 6 of 1984, s. 224)
329. The provisions of this Ordinance with respect to staying and restraining actions and proceedings against a company at any time after the presentation of a petition for winding up and before the making of a winding-up order shall, in the case of an unregistered company, where the application to stay or restrain is by a creditor, extend to actions and proceedings against any contributory of the company.
330. Where an order has been made for winding up an unregistered company, no action or proceeding shall be proceeded with or commenced against any contributory of the company in respect of any debt of the company, except by leave of the court, and subject to such terms as the court may impose.
331. The provisions of this Part with respect to unregistered companies shall be in addition to and not in restriction of any provisions herein before in this Ordinance contained with respect to winding up companies by the court, and the court or liquidator may