1983 Ed.]
Non-Contentious Probate Rules
[CAP. 10
A 15
[Subsidiary]
(4) Except where the surety is a corporation, the signature of the surety on every such guarantee shall be attested by an authorized officer, commissioner for oaths or other person authorized by law to administer an oath.
(5) Unless the Registrar otherwise directs--
(a) if it is decided to require a guarantee, it shall be given by two sureties, except where the gross value of the estate does not exceed $7,000 or a corporation is a proposed surety, and in those cases one will suffice;
(b) no person shall be accepted as a surety unless he is resident in Hong Kong;
(c) no officer of the Registry shall become a surety;
(d) the limit of the liability of the surety or sureties under a guarantee given for the purposes of section 46 of the Ordinance shall be the gross amount of the estate as sworn on the application for the grant;
(e) every surety, other than a corporation shall justify.
(6) Where the proposed surety is a corporation there shall be filed an affidavit by the proper officer of the corporation to the effect that it has power to act as surety and has executed the guarantee in the manner prescribed by its constitution, and containing sufficient information as to the financial position of the corporation to satisfy the Registrar that its assets are sufficient to satisfy all claims which may be made against it under any guarantee which it has given or is likely to give for the purposes of section 46 of the Ordinance:
Provided that the Registrar may, instead of requiring an affidavit in every case, accept an affidavit made not less often than once in every year together with an undertaking by the corporation to notify the Registrar forthwith in the event of any alteration in its constitution affecting its power to become surety under that subsection.
41. On an application for the resealing of a grant of administration under Part IV of the Ordinance-
(a) the Registrar shall not require sureties under section 46 of the Ordinance as a condition of sealing the grant except where it appears to him that the grant is made to a person or for a purpose mentioned in paragraphs (a) to (f) of rule 38(1) or except where he considers that there are special circumstances making it desirable to require sureties;
(b) rules 5(4) and 38(2), (4), (5) and (6) shall apply with any necessary modifications; and
(c) a guarantee entered into by a surety for the purposes of the said section 46 shall be in Form 16.
Sureties on resealing.
Form 16.
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