228322-1936-Companies-Winding-up-Rules-1936 — Page 18

1178

THE HONG KONG GOVERNMENT GAZETTE, DECEMBER 31, 1936.

Form 50.

Form. 51.

Form 52.

Application to the Court

for leave to

R. 85.

Forms 54 to 57%

the Court, by the Liquidator as an officer of the Court subject to the proviso to section 212 of the Ordinance, and to the following regulations:-

(1) Where the Liquidator desires to make any call on the contributories, or any of them for any purpose authorised by the Ordinance, if there is a Committee of Inspection he may summon a meeting of such Committee for the purpose of ob- taining their sanction to the intended call.

(2) The notice of the meeting shall be sent to each mem- ber of the Committee of Inspection in sufficient time to reach him not less than seven days before the day appointed for holding the meeting, or such longer time as the Court may appoint, and shall contain a statement of the proposed amount of the call, and the purpose for which it is intended. Notice of the intended call and the intended meeting of the Committee of Inspection shall also be advertised once at least in a Hong Kong daily newspaper. The advertisement shall state the time and place of the intended meeting of the Committee of Inspection, and that each contributory may either attend the said meeting and be heard, or make any communication in writing to the Liquidator or members of the Committee of Inspection to be laid before the meeting, in reference to the said intended call.

(3) At the meeting of the Committee of Inspection any statements or representations made either to the meeting per- sonally or addressed in writing to the Liquidator or members of the Committee by any contributory shall be considered before the intended call is sanctioned.

(4) The sanction of the Committee shall be given by resolution, which shall be passed by a majority of the members present.

(5) Where there is no Committee of Inspection, the Liquidator shall not make a call without obtaining the leave of the Court.

75. In a winding-up by the Court an application to the Court for leave to make any call on the contributories of a make a call. Company, or any of them, for any purpose authorised by the Ordinance, shall be made by summons stating the proposed amount of such call, which summons shall be served four clear days at the least before the day appointed for making the call on every contributory proposed to be included in such call or such longer time as the Court may appoint; or if the Court so directs, notice of such intended call may be given by advertise- ment, without a separate notice to each contributory.

Document making the call.

k. 86. Form 58.

Service of rotice of a call

R. 87.

Forms 52 53, 57 and

59.

76. When the Liquidator is authorised by resolution or order to make a call on the contributories he shall file with the Registrar a document in the Form 58 with such variations as circumstances may require making the call.

77. When a call has been made by the Liquidator in a winding-up by the Court, a copy of the resolution of the Com- mittee of Inspection or order of the Court (if any), as the case may be, shall forthwith after the call has been made be served upon each of the contributories included in such call, together with a notice from the Liquidator specifying the amount or balance due from such contributory in respect of such call, but such resolution or order need not be advertised unless for any special reason the Court so directs.