189220-1932-Rules-made-by-the-Chief-Justice-under-section-114-of-the-Bankruptcy-Ordinance-1931 — Page 29

Government Gazette 政府憲報 轅門報 All

824 THE HONG KONG GOVERNMENT GAZETTE, NOVEMBER 18, 1932.

Limit of remunera- tion.

R335.

Trustee

carrying on business.

R337.

Forms 147, 148, 149.

Applica-

tion for release.

R338.

Forms 152, 137, 153.

Gazetting of release.

R339,

Delivery of books, &c., on release of trustee.

R340.

Meeting to consider removal of trustee.

R341.

Bank account.

R342.

Application for direc- tions.

R344.

Forms 131, 132.

Creditor may

of trustee's

167. Except as provided by the Ordinance or these Rules, no trustee shall be entitled to receive out of the estate any

remuneration for services rendered to the estate, except the remuneration to which under the Ordinance and these Rules he is entitled as trustee.

168.-(1) Where the trustee or special manager carries on the business of the debtor, he shall keep a distinct account of the trading, and shall incor- porate in the cash book the total weekly amount of the receipts and payments on such trading account.

(2) The trading account shall from time to time, and not less than once in three months, be verified by affidavit, and the trustee shall thereupon submit such account to the committee of inspection (if any), or such member thereof as may be appointed by the committee for that purpose, who shall examine and certify the same.

169. A trustee before making application to the court for his release shall give notice of his intention so to do to the Official Receiver to all the creditors of the debtor who have proved their debts, and to the debtor, and shall send with such notice a sum- mary of his receipts and payments as trustee : provided that where such application is made upon the trustee ceasing to act by reason of a composition having been approved under section 25 of the Ordinance, such notice and summary shall be sent to the debtor only.

170. Where the court has granted to a trustee his release a notice of the order granting such release shall be gazetted. The fees shall be charged to the estate.

171. The release of a trustee shall not take effect unless and until he has duly delivered over all the books, papers, documents, and accounts which by these Rules he is required to deliver over on his relcase.

172. Where one-fourth in value of the creditors desire that a general meeting of the creditors may be summoned to consider the propriety of removing the trustee such meeting may be summoned by a member of the committee of inspection, or by the Official Receiver on the deposit of a sum sufficient to defray the expenses of summoning such meeting.

173. Where the trustee has an account at a bank, he shall forthwith pay all moneys received by him into the credit of the estate.

All pay- ments out shall be made by cheque payable to order, and every cheque shall have marked or written on the face of it the name of the estate, and shall be signed by the trustee. Every cheque shall be countersigned in cases where there is a committee of Inspection by at least one member of the committee and by such other person if any as the creditors or

mmittee of inspection may appoint.

174. Where a trustee applies to the court for directions in any matter, he shall file an application, and the court shall then hear the application, or fix a day for hearing it, or direct the trustee to apply by motion.

175. Any creditor who has proved his debt, may obtain copy apply to the trustee for a copy of the accounts (or any part thereof) relating to the estate as shown by the cash book up to date, and on paying for the same at the rate of 25 cents per folio he shall be entitled to have such copy accordingly.

accounts.

R345.

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