228322-1936-Companies-Winding-up-Rules-1936 — Page 38

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THE HONG KONG GOVERNMENT GAZETTE, DECEMBER 31, 1936.

Conclusion of winding-up. R. 193.

Times of sending Liquidator's statements, and regula tions appli-

Statements by Liquidator to the Registrar of Companies.

180. The winding-up of a Company shall, for the pur- poses of section 270 of the Ordinance, be deemed to be con- cluded:

(a) In the case of a Company wound up by order of the Court, at the date on which the order dissolving the Company has been reported by the Liquidator to the Registrar of Companies or at the date of the order of the Court releasing the Liquidator pursuant to section 191 of the Ordinance.

(b) In the case of a Company wound up voluntarily, or under the supervision of the Court, at the date of the dissolu- tion of the Company, unless at such date any funds or assets of the Company remain unclaimed or undistributed in the hands or under the control of the Liquidator, or any person who has acted as Liquidator, in which case the winding-up shall not be deemed to be concluded until such funds or assets have either been distributed or paid into the Companies Li- quidation Account.

181. In a voluntary winding-up or a winding-up under the supervision of the Court, the statements with respect to the proceedings in and position of a liquidation of a Company, the winding-up of which is not concluded within a year after cable thereto its commencement, shall be sent to the Registrar of Companies

twice in every year as follows:

R. 194.

Forms 92. 94, 95 and 96.

Form 93.

Affidavit of no receipts or payments. R. 195.

Forms 92 and 93.

(1) The first statement commencing at the date when a Liquidator was first appointed and brought down to the end of twelve months from the commencement of the winding-up, shall be sent within 30 days from the expiration of such twelve months, or within such extended period as the Court may sanction, and the subsequent statements shall be sent at inter- vals of half a year, each statement being brought down to the end of the half-year for which it is sent. In cases in which the assets of the Company have been fully realised and dis- tributed before the expiration of a half-yearly interval a final statement shall be sent forthwith.

(2) Subject to the next succeeding Rule, Form No. 92, and where applicable Forms 94, 95 and 96, with such varia- tions as circumstances may require, shall be used, and the directions specified in the Form shall (unless the Court other- wise directs) be observed in reference to every statement.

(3) Every statement shall be sent in duplicate, and shall be verified by an affidavit in the Form No. 93, with such varia- tions as circumstances may require.

182. Where in a voluntary winding-up or a winding-up under the supervision of the Court, a Liquidator has not during any period for which a statement has to be sent received or paid any money on account of the Company, he shall at the period when he is required to transmit his statement, send to the Registrar of Companies the prescribed statement in the Form No. 92, in duplicate, containing the particulars therein required with respect to the proceedings in and position of the liquidation, and with such statement shall also send an affidavit of no receipts or payments in the Form No. 93.

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