THE HONGKONG GOVERNMENT GAZETTE, DECEMBER 15, 1911.
(b) A petition for winding up a company on the ground of default in filing the statutory report ör in holding the statutory meeting shall not he presented by any person except a shareholder, nor before the expiration of fourteen days after the last day on which the meeting ought to have been held; and
(c) The court shall not give a hearing to a petition for winding up a company by a contingent or for prospective creditor until such security costs has been given as the court thinks rea- souable and until a primâ fucie case for winding up has been established to the satisfaction of the court.
(2) Where a company is being wound up voluntarily or subject to supe vision a petition may be presented by the official receiver attached to the court, as well as by any other person authorised in that behalf under the other provisions of this section, but the court shall not make a winding-up order on the petition unless it is satisfied that the voluntary winding up or winding up subject to super- vision cannot be continued with due regard to the interests of the creditors or contributories.
(3) Where under the provisious of this Part of this Ordinance any person as being the husband of a female contributory is himself a contributory, and a share has during the whole or any part of the six mouths been held by or registered in the name of the wife, or by or in the name of a trustee for the wife or for the hashand, the share shall, for the purp wes of this section, he deemed to have been held by and registored in the name of the husband.
133. Au order for winding up a company shall operate Effect of in favor of all the creditors and of all the contributories of winding-up the company as if mide on the joint petition of a creditor order. and of a contributory.
134. A winding up of a company by the court shall be deemed to commmenes ar the thue of the presentation of the petition for the wilding up.
S Edw. 7 c. 69 s. 138.
Commence- ment of winding up by court. Ib. 189.
135. At any time after the presentation of a petition tower to for winding up, und before a winding-up order has been stay or re- made. the company, or any creditor or contributory. may, strain pro- where any action or proceeling against the company is ceedings
against pendag, apply to the court for a stay of the proceedings or company. to restrain for her pro of Hus in the action or proceeding, 76, 4, 140, and the coner may, as the case may be, stay or restrain the provoedings aecordingly on steh terms as it thinks fit.
138. D) Du bearing the perisio the court may dis- Powers of miss it with or witasit eɔsts, or adjourn the hearing court on conditloadly or tronditionally, or make any interim order, bearing or any order order that it deens just, but the court shall petition. not refuse to make a winding-up order on the ground only that the users of the company have been mortgaged to an ria excess of thore assets, or that the
amori e
(2) Where the default in lar
petition is presented on the ground of The statutory report or in bolding the starting devi e ecurt may order the costs to be paid by any pers who, in the opinion of the court, are responsible for the default,
Ib. s. 141.
387. Wien a winding-up order has been made, no Actions action or wazzling shalbe preceded with or eɔm pred stayed on
taxa dve kept by lewe of the court, sul sub- wiuling-up
jest to much to abastameat may imɔɔ-et.
133. On the making of a winding-up order, a copy of the order ont forth with be forwarded by the company to the restro en ana res, who shall make a minnie thereof in his books rela ing tɔ de a împany
139. The eart may at any time after an order for winding up, on the apprication of any cre litor or contribu- tory, and on proof to the satisfaction of the court that all roceedings in relation to the winding up ought to be
order. Zb. 8. 142.
Copy of order to he
forwarded to registrar. Th. 143.
Power of couri to stay winding up. Ib. s. 144.
651
No comments yet.
Private notes are available after approval.