228322-1936-Companies-Winding-up-Rules-1936 — Page 33

Government Gazette 政府憲報 轅門報 All

THE HONG KONG GOVERNMENT GAZETTE, DECEMBER 31, 1936.

give a correct view of his administration of the Company's affairs, but he shall not be bound to insert in the record any document of a confidential nature (such as the opinion of counsel on any matter affecting the interest of the creditors or contributories), nor need he exhibit such document to any person other than a member of the Committee of Inspection, or the Official Receiver.

159.--(1) In a winding-up by the Court, the Official Re Cash Book. ceiver, until a Liquidator is appointed by the Court, and there- R. 170. after the Liquidator, shall keep a book to be called the "Cash Book" (which shall be in such form as the Official Receiver may from time to time direct) in which he shall (subject to the provisions of the Rules as to trading accounts) enter from day to day the receipts and payments made by him.

(2) In a winding-up by the Court, a Liquidator other than the Official Receiver, shall submit the record and Cash Book, together with any other requisite books and vouchers, to the Committee of Inspection (if any) when required, and not less than once every three months.

(3) In a creditors voluntary winding-up the Liquidator shall keep such books as the Committee of Inspection or if there is no such Committee as the creditors direct and all books kept by the Liquidator shall be submitted to the Committee of Inspection or if there is no such Committee to the creditors with any other books documents papers and accounts in his possession relating to his office as Liquidator or to the Company as and when the Committee of Inspection or if there is no such Committee the creditors direct.

Investment of Funds.

securities,

tion of

160.--(1) Where in a winding-up by the Court or in a Investment creditors voluntary winding-up, the Committee of Inspection of assets in are of opinion that any part of the cash balance standing to the and realisa- credit of the account of the Company should be invested, they securities. shall sign a certificate and request, and the Liquidator shall R. 171. transmit such certificate and request to the Official Receiver.

(2) Where the Committee of Inspection in any such winding-up are of opinion that it is advisable to sell any of the securities in which the moneys of the Company's assets are invested they shall sign a certificate and request to that effect, and the Liquidator shall transmit such certificate and request to the Official Receiver.

(3) Where there is no Committee of Inspection in any such winding-up as is mentioned in paragraphs (1) and (2) of this Rule and in every members voluntary winding-up whether subject to the supervision of the Court or not, if a case has in the opinion of the Liquidator arisen under section 281 of the Ordi- nance for an investment of funds of the Company or a sale of securities in which the Company's funds have been invested, the Liquidator shall sign and transmit to the Official Receiver a certificate of the facts on which his opinion is founded, and a request to the Official Receiver to make the investment or sale mentioned in the certificate, and the Official Receiver may thereupon, if he thinks fit, invest or sell the whole or any part of the said funds or securities, as provided in the said section, and the said certificate and request shall be a sufficient au- thority to the Official Receiver for the said investment or sale.

Forms 84 and 85.

1193

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