30684-1913-Companies-Winding-up-Rules — Page 13

THE HONGKONG GOVERNMENT GAZETTE, FEBRUARY 14, 1913.

time as he shall by notice in writing require, pay, deliver, convey, surrender or transfer to or into the hands of the Liquidutor any sum of money or balance, books, papers, estate or effects which happen to be in his hands for the time being and to which the Company is primâ facie entitled.

LIST OF CONTRIBUTORIES IN A WINDING-UP BY THE COURT.

of con-

Form 38.

65. The Liquidator shall with all convenient speed after Liquidator his appointment settle a list of contributories of the Com- to settle list pany, and shall appoint a time and place for that purpose. tributories. The list of contributories shall contain a statement of the address of, and the number of shares or extent of interest to be attributed to each contributory, and shall distinguish the several classes of contributories. As regards representa- tive contributories the Liquidator shall, so far as practicable, observe the requirements of section 158 (2) of the Ordinance

66. The Liquidator shall give notice in writing of the Appoint- time and place appointed for the settlement of the list of ment of contributories to every person whom he proposes to include time and in the list, and shall state in the notice to each person in place for

settlement what character and for what number of shares or interest of list. he proposes to include such person in the list.

Forms 39 and 40.

of con-

67 On the day appointed for settlement of the list of Settlement contributories the Liquidator shall hear any person who of list objects to being settled as a contributory, and after such tributories. hearing shall finally settle the list, which when so settled shall be the list of contributories of the Company.

Form 41,

63. The Liquidator shall forthwith give notice to every Notice person whom he has finally placed on the list of contribu- to con- tories stating in what character and for what number of tributories. shares or interest he has been placed on the list, and in the Form 42. notice inform such person that any application for the removal of his name from the list, or for a variation of the list, must be male to the Court by summons within 21 days from the date of the service on the contributory or alleged contributory of notice of the fact that his name is settled on the list of contributories.

69.--(1.) Subject to the power of the Court to extend Application the time or to allow an application to be made notwithstand to the Court

to vary the ing the expiration of the time limited for that purpose, no

list. application to the Court by any person who objects to the list of contributories as finally settled by the Liquidator Form 45, shall be entertained after the expiration of 21 days from the date of the service on such person of notice of the settlement of the list.

(2.) The Official Receiver shall not in any case be per- sonally liable to pay any costs of or in relation to an application to set aside or vary his act or decision settling the name of a person on the list of contributories of a Company.

70. The Liquidator may from time to time vary or add Variation of to the list of contributories, but any such variation or addi- or addition tion shall be made in the same manner in all respects as the to list settlement of the original list.

CALLS.

of con- tributories.

Form 43.

71. The powers and duties of the Court in relation to Calls by making calls upon contributories conferred by section 161 Liquidator. of the Ordinance, shall and may be exercised, in a winding- up by the Liquidator as an officer of the Court subject to the proviso to section 168 of the Ordinance, and to the following regulations

(1.) Where the Liquidator desires to make any call Form 46.

on the contributories, or any of them for any purpose authorised by the Ordinance, if there is a Committee of Inspection he may summon a meeting of such Committee for the purpose of obtaining their sanction to the intended call.

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