228322-1936-Companies-Winding-up-Rules-1936 — Page 25

Government Gazette 政府憲報 轅門報 All

THE HONG KONG GOVERNMENT GAZETTE, DECEMBER 31, 1936.

creditors and

tories.

119. At a meeting of creditors a resolution shall be Ordinary deemed to be passed when a majority in number and value of resolution of the creditors present personally or by proxy and voting on the contribu- resolution have voted in favour of the resolution, and at a meeting of the contributories a resolution shall be deemed to R. 132. be passed when a majority in number and value of the contri- butories present personally or by proxy, and voting on the resolution, have voted in favour of the resolution, the value of the contributories being determined according to the num ber of votes conferred on each contributory by the regulations of the Company.

120. The Official Receiver or as the case may be the Copy of Liquidator shall file with the Registrar a copy certified by him resolution of every resolution of a meeting of creditors or contributories in a winding-up by the Court.

to be filed. R. 133.

121. Where a meeting of creditors or contributories is Non-reception

of notice by summoned by notice the proceedings and resolutions at the a creditor. meeting shall unless the Court otherwise orders be valid not- R. 134. withstanding that some creditors or contributories may not have received the notice sent to them.

ment.

R. 135.

122. The Chairman may with the consent of the meeting Adjourn- adjourn it from time to time and from place to place, but the adjourned meeting shall be held at the same place as the original place of meeting unless in the resolution for adjourn- ment another place is specified or unless the Court otherwise orders.

Form 78.

123.—(1) A meeting may not act for any purpose except Quorum. the election of a Chairman, the proving of debts and the R. 136. adjournment of the meeting unless there are present or repre- sented thereat at least three creditors entitled to vote or three contributories or all the creditors entitled to vote or all the contributories, if the number of the creditors entitled to vote or the contributories as the case may be shall not exceed three.

(2) If within half an hour from the time appointed for the meeting a quorum of creditors or contributories is not present or represented the meeting shall be adjourned to the same day in the following week at the same time and place or to such other day as the Chairman may appoint not being less than Form 21. seven or more than twenty-one days, from the day from which the meeting was adjourned.

entitled to

124. In the case of a first meeting of creditors or of an Creditors adjournment thereof a person shall not be entitled to vote as a vote. creditor unless he has duly lodged with the Official Receiver R. 137. not later than the time mentioned for that purpose in the notice convening the meeting or adjourned meeting a proof of the debt which he claims to be due to him from the Company. In the case of a Court meeting or Liquidator's meeting of creditors a person shall not be entitled to vote as a creditor unless he has lodged with the Official Receiver or Liquidator a proof of the debt which he claims to be due to him from the Company and such proof has been admitted wholly or in part before the date on which the meeting is held. Provided that this and the next four following rules shall not apply to a Court meeting of creditors held prior to the first meeting of creditors. This rule shall not apply to any creditors or class of creditors who by virtue of any direction given under these Rules are not required to prove their debts or to any voluntary liquidation meeting.

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