1166 THE HONG KONG GOVERNMENT GAZETTE, DECEMBER 31, 1936.
Service of petition. R 28.
Forms 5 and 6.
Verification of petition. R 29.
Forms 7 and 8.
Copy of petition to be
furnished to
within the time and in the manner prescribed by Rule 30, and an advertisement of a petition for the winding-up of a Company by the Court which does not contain such a note shall be deemed irregular.
And if the Petitioner or his Solicitor does not within the time hereby prescribed or within such extended time as the Registrar may allow duly advertise the Petition in the manner prescribed by this Rule the appointment of the time and place at which the Petition is to be heard shall be cancelled by the Registrar and the Petition shall be removed from the file unless a Judge or the Registrar shall otherwise direct.
25. Every petition shall, unless presented by the Com- pany, be served upon the Company at the registered office, if any, of the Company, and if there is no registered office, then at the principal or last known principal place of business of the Company, if any such can be found, by leaving a copy with any member, officer, or servant of the Company there, or in case no such member, officer, or servant can be found there, then by leaving a copy at such registered office or principal place of business, or by serving it on such member of members, officer, or servant of the Company as the Court may direct; and where the Company is being wound up voluntarily, the petition shall also be served upon the Liquidator (if any), appointed for the purpose of winding-up the affairs of the Company.
26. Every petition for the winding-up of a Company by the Court, or subject to the supervision of the Court, shall be verified by an affidavit referring thereto. Such affidavit shall be made by the petitioner, or by one of the petitioners, if more than one, or, in case the petition is presented by a corporation, by some director, secretary, or other principal officer thereof, and shall be sworn after and filed within four days after the petition is presented, and such affidavit shall be sufficient primâ facie evidence of the statements in the petition.
27. Every contributory or creditor of the Company shall be entitled to be furnished by the solicitor of the petitioner with a copy of the petition, within 24 hours after requiring contributory. same, upon payment of 50 cents per folio of 72 words for
such copy, each figure being counted as a word.
creditor or
R 30.
Appoint- ment of
Liquidator. R 31.
Provisional Liquidator.
28.—(1) After the presentation of a petition, upon the Provisional application of a creditor, or of a contributory, or of the Com- pany, and upon proof by affidavit of sufficient grounds for the appointment of a Provisional Liquidator, the Court, if it thinks fit, and upon such terms as in the opinion of the Court shall be just and necessary, may make the appointment.
Form 9.
(2) The Order appointing the Provisional Liquidator shall bear the number of the petition, and shall state the nature and a short description of the property of which the Provisional Liquidator is ordered to take possession, and the duties to be performed by the Provisional Liquidator.
(3) Subject to any Order of the Court, if no order for the winding-up of the Company is made upon the Petition, or if an order for the winding-up of the Company on the Petition is rescinded, or if all proceedings on the petition are stayed, or
No comments yet.
Private notes are available after approval.