814 THE HONG KONG GOVERNMENT GAZETTE, NOVEMBER 18, 1932.
Swearing of proof.
R250.
Forms
46, 47,
Workmen's
wages. R251.
Form 48.
Production
of bills of exchange and promis- sory notes. R252.
Time for lodging proofs.
R253.
Transmis- sion of
proofs to trustee.
R254.
Time for
admission or rejection of proofs by Official Receiver.
R259.
Form 49.
Time for admission
or rejection of proof by trustee.
R260.
Form 49.
Notice of admission of proof.
Proof of Debts.
}
109. An affidavit of proof of debt may be sworn or declared before the Official Receiver, or any person authorised to administer oaths or take statutory declarations.
110. In any case in which it shall appear from the debtor's statement of affairs that there are numerous claims for wages by workmen or others employed by the debtor, it shall be sufficient if one proof for all such claims is made either by the debtor, cr by his foreman or some other person on behalf of all such creditors. Such proof shall have annexed thereto, as forming part thereof, a schedule setting forth the names of the workmen or others, and the amounts severally due to them. Any proof made in compliance with this rule shall have the same effect as if separate proofs had been made by each of the said workmen or others.
111. Where a creditor seeks to prove in respect of a bill of exchange, promissory note, or other nego- tiable instrument or security on which the debtor is liable, such bill of exchange, note, instrument, or security must, subject to any special order of the court made to the contrary, be produced to the Official Receiver, chairman of a meeting, or trustee, as the case may be, before the proof can be admitted either for voting or for dividend.
112. A proof intended to be used at the first meet- ing of creditors shall be lodged with the Official Receiver not later than twenty-four hours before the time appointed for the meeting. A proof intended to be used at an adjournment of the first meeting (if not lodged in time for the first meeting) must be lodged not less than twenty-four hours before the time appointed for the adjourned meeting.
113. Where a trustee is appointed in any matter, all proofs of debts that have been received by the Official Receiver shall be handed over to the trustee, but the Official Receiver shall first make a list of such proofs, and take a receipt thereon from the trustee for such proofs.
114. The Official Receiver, as trustee, not later than twenty-one days from the latest date specified in the notice of his intention to declare a dividend, as the time within which such proofs must be lodged, shall either admit or reject wholly or in part every proof lodged with him, or require further evidence in support thereof.
115. The trustee, other than the Official Receiver, within twenty-eight days after receiving a proof which has not previously been dealt with by the Official Receiver, shall, in writing, either admit or reject it wholly or in part, or require further evidence in sup- port thereof: Provided that where the trustee has given notice of his intention to declare a dividend be shall within twenty-one days after the date mentioned in such notice as the latest date up to which proofs must be lodged, examine and in writing admit reject every proof which has not been already ad- mitted or rejected and give notice of his decision re- jecting a proof wholly or in part to the creditor affected thereby.
or
116. Where a creditor's proof has been admitted the notice of dividend shall be sufficient notification to such creditor of such admission.
R261.
ཚག་
No comments yet.
Private notes are available after approval.