652
THE HONGKONG GOVERNMENT GAZETTE, DECEMBER 15, 1911.
Count may
have reward to wishes of creditors or contribu-
tories.
8 Edw. 7 c.
69 8. 145.
Definition of official
JECCIVET.
1b. s. 140.
Statement of company's affairs to be submitted to official receiver. Ib. 2. 147.
Report by official receiver. Ib. s. 148.
stayed, make an order staying the proceedings, either altogether or for a limited time, on such terms and con- ditions as the court thinks fit.
140. The court Bay, as to all matters relating to a winding up, have regard to the wishes of the creditors or contributories as proved to it by any sufficient evidence.
terio
Official Recriver.
:
141.--(1) For the purposes of this Ordinance so far as it relates to the winding up of companies by the court the "official receiver shall mean the official reeciver, if any, attached to the court for bankruptcy purposes, or, if there is more than one such official receiver, then sneh one of them as the Governor may appoint, or, if there is no such official receiver, then an efficer appointed for the purpose by the Governor,
(2) Any such officer shall for the purpose of his duties under this Ordinance be styled the official receiver.
142.-(1) Where the court has made a windding-m? order, there shall be made out and submitted to the official receiver a statement as to the affairs of the company in the prescribed formi, verified by affidavit, and showing the particulars of its assets, delas, and liabilities, the names, residem es, and occupations of its creditors, the securities beld by them respectively, the dates whon the securities were respectively given, and such further or other informa- tion as in ty he preseriled or as the official receiver muy require,
(2) The statement shall be submitted and verified by One or more of the persons who are at the time of the winding-up order the diretors and by the person who is at that time the secretary or other chief officer of the com- pany, or by such of the persons being or Laving been directors of alleros of the company, or having taken part in the formation of the company at any time within one year before the winding-up order, as the official receiver, subject to the dire tiou of the court, may require to submit and verify the same.
(3) The statement shall be submitted within twenty-eight days from the date of the order, or within such extended time as the official receiver or the court may for special reasons appoint.
(4) Any person making or concurring in making the statement and affidavit required by this section shali be allowed, and shall be paid by the official receiver, out of the assets of the company, such eosts and expenses in- curred in and about the preparation and making of the statement and affidavit as the official receiver may consider reasonable, subject to an appeal to the court.
(5) If any person, without reasonable excuse, makes default in complying with the requirements of this section, he shall be liable to a fine not exceeding one hundred dollars for every day during which the default continues,
(6) Any person stating himself in writing to be a creditor or contributory of the company shall be entitled by himself or by his agent at all reasonable times, on payment of the prescribed fee, to inspect the statement submitted in pursuance of this section, and to a espy thereof or extract therefrom. Bat any person untruthfully so stating himself to be a creditor or contributory shall be guilty of a con- tempt of court and shall be punishable accordingly on the application of the liquidator or of the official receiver.
143.(1) Where the court has made a winding-up order, the official receiver shall, as soon as practicable after receipt of the statement of the company's affairs, submit a preliminary report to the court-----
(6) as to the amount of capital issued, subscribed, and paid up, and the estimated amount of assets and liabilities; and
() if the company has failed, as to the causes of
the failure; and
No comments yet.
Private notes are available after approval.