228322-1936-Companies-Winding-up-Rules-1936 — Page 22

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THE HONG KONG GOVERNMENT GAZETTE, DECEMBER 31, 1936.

Time for dealing with proofs by Official Receiver.

R. 114.

Time for dealing with proofs by Liquidator.

R. 115.

Cost of appeals from decisions as to proofs. R. 116.

First meetings of creditors and

103. Subject to the power of the Court to extend the time in a winding-up by the Court, the Official Receiver as Liquidator, not later than fourteen 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 in writing either admit or reject wholly, or in part, every proof lodged with him, or require further evidence in support of it.

104. Subject to the power of the Court to extend the time, the Liquidator in a winding-up by the Court, other than the Official Receiver, within twenty-eight days after receiving a proof, which has not previously been dealt with, shall in writing either admit or reject it wholly or in part, or require further evidence in support of it.. Provided that where the Liquidator has given notice of his intention to declare a divi- dend, he shall within fourteen days after the date mentioned in the notice as the latest date up to which proofs must be lodged, examine, and in writing adinit or reject, or require further evidence in support of, every proof which has not been already dealt with, and shall give notice of his decision, reject ing a proof wholly or in part, to the creditors affected thereby. Where a creditor's proof has been admitted the notice of dividend shall be a sufficient notification of the admission.

105. The Official Receiver shall in no case be personally liable for costs in relation to an appeal from his decision rejecting any proof wholly or in part.

General Meetings of Creditors and Contributories in relation to a Winding-up by the Court.

106. Unless the Court otherwise directs, the meetings of creditors and contributories under section 180 of the Ordin- contributories ance (hereinafter referred to as the first meetings of creditors R. 119. and contributories) shall be held within one month, or if a Special Manager has been appointed then within six weeks after the date of the Winding-up Order. The dates of such meetings shall be fixed and they shall be summoned by the Official Receiver.

Notice of

107. The Official Receiver shall forthwith give notice of first meetings. the dates fixed by him for the first meetings of creditors and R. 120.

contributories by advertisement in the Gazette.

Summoning of first meetings. R. 121.

Form of notices of first meetings. R. 122.

Forms 18 and 19.

Notice of first meetings to officers of company.

R. 123. Form 20.

108. The first meetings of creditors and contributories shall be summoned as hereinafter provided.

109. The notices of first meetings of creditors and con- tributories may be in Forms 18 and 19 appended hereto, and the notices to creditors shall state a time within which the creditors must lodge their proofs in order to entitle them to vote at the first meeting.

110. The Official Receiver shall also give to each of the Directors and other Officers of the Company who in his opinion ought to attend the first meetings of creditors and contri- butories seven days notice of the time and place appointed for each meeting. The notice may either be delivered personally or sent by prepaid post letter, as may be convenient: It shall be the duty of every Director or Officer who receives notice of such meeting to attend, if so required by the Official Receiver, and if any such Director or Officer fails to attend the Official Receiver shall report such failure to the Court.