CO129-381 - Governor Sir Lugard - 1911 [11-12] — Page 423

CO129 Colonial Office Hong Kong Records 理藩院香港檔案 All

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Section.

PART IV.

WINDING Ue.

Preliminary.

123. Modes of winding up.

Contributaries.

124. Liability as contributories of present and past members.

125.

Definition of contributory.

126. Nature of liability of contributory.

127.

128.

129.

180.

Contributories in case of death of member.

Contributories in case of bankruptcy of member.

Provision as to married women,

Winding up by Court,

Circumstances in which company may be wound up by court.

131. Company when deemed unable to pay its debts.

Provisions as to applications for winding up.

132.

133.

Effect of winding-up order,

134.

135.

Commencement of winding up by court.

Power to stay or restrain proceedings against comply.

136. Powers of court on hearing petition.

137.

Actious slayed on winding-up order.

138. Copy of order to be forwarded to registrar.

Section 173.

Enforcement of and Appeal from Orders.

Power to enforce orders.

174. Appeals from order,

Voluntury Winding Up.

175. Cromstauees in which company may be wound up volun-

tarily.

176. Connoncement of voluntary winding up.

177. Effect of voluntary winding up on status of company.

178. Notice of resolution to wind up voluntarily,

179. Consequences of voluntary winding up.

180. Notice by liquidator of his appointment.

181.

Rights of creditors in a voluntary winding up. 182. Power to fill vacancy in office of liquidator,

183. Delegation of authority to appoint liquidators.

184. Arrangement when binding on creditors.

185. Power of liquilator to accept shares, &c, as consideration for

sale of property of compusy,

186.

Power to apply to cert.

187.

Power of liquidator to call general meeting.

188.

Final meeting and dissolution.

189.

Costs of voluntary Equilation.

191.

139.

Power of court to stay winding up.

140.

Court may have regard to wishes of creditors or contributories.

Official Receiver,

141. Definition of official receiver.

142.

Statement of company's allairs to be submitted to official

receiver.

143. Report by official receiver.

Liquidators,

190. Saving for rights of creditors and contributories.

Tower of cuirt to adopt proceedings of voluntary winding up.

Winding Up subject to Supervision of Court,

192. Power to order winding up subject to supervision.

193.

194.

195.

196.

197. 198.

199.

Effect of petition for winding up subject to supervisiou. Court may have regard to wishes of creditors and contri-

butories.

Power for court to appoint or remove liquidators.

Effect of supervision order.

Supplemental Provisions.

A voidance of transfers, &c, after commencement of winding up. Debts of all descriptions to be proved.

Application of bankruptcy law and rules in winding up of

insolvent companies.

144,

Appointment, remuneration, and title of liquidators.

145. Custody of company's property,

146.

Powers of liquidator.

147. Meetings of creditors and contributories in winding up.

148. Liquidator to give information to official receiver.

149. Payments of liquidator in winding up into bank.

200.

Preferential payments.

201.

Fraudulent preference.

202.

Avoidance of certain attachments and executions.

203.

Effect of Hoating charge.

204.

General scheme of liquidation may be sanctioned.

205.

Power of conet to assess damages against delinquent director,

&c.

150.

Audit of liquidator's accounts in winding up.

151.

Books to be kept by liquidator in winding up.

159. Release of liquidators.

163.

Exercise and control of liquidator's powers.

154.

Control over liquidators.

207.

209.

Committee of Inspection, Special Manager, Receiver,

210,

155. Committee of inspection in winding up.

211.

156.

Power to appoint special manager.

212.

157.

Power to appoint official receiver as receiver for debenture

holders or creditors.

213.

214.

215.

216.

A thidavits,

158.

Ordummy Powers of Court.

Settlement of list of contributories and application of assets.

159.

Power to require delivery of property,

160.

Power to order payment of debts by contributory.

161.

Power of court to make calls.

162.

Power to order payment into bank.

163.

Order on contributory conclusive evidence.

161.

Power to exelude creditors not proving in time.

166.

Power to onler costs.

167.

Dissolution of company.

165. Adjustment of rights of contributories,

168. Delegation to liquidator of certain powers of court.

Extraordinary Powers of Court.

Power to summon persous suspected of having property of

company.

169.

170.

171.

Power to order public examination of promoters, directors, &c. Power to arrest abscouding contributory.

172. Powers of court cumulativo.

206. Penalty for falsification of books.

Prosecution of delinquent directors, &e.

208. Penalty on perjury.

Meetings to ascertain wishes of ereditors or contributorres.

Books of company to be evidence.

Inspection of books.

Disposal of books and

papers of

company.

Power of court to declare dissolution of company void, Information as to pending liquidations.

Jadient notice of sigunture of officers.

217. Companies liquidation account defined. 218. Separate accounts of particular estantes.

Officers and remaneration,

219.

X 220.

221.

Rules and Fees,

Rules and fees for winding up and local registers and pro-

cedure.

Fees and costs to assimilate to ihose in Original Jurisdiction

of Court.

Removal of Defunct Companies from Register. 222. Registrar may strike defunct company off register.

223.

221.

L'ART V,

REGISTRATION OFFICE AND FEES,

Registration offices.

Fees.

413

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