30684-1913-Companies-Winding-up-Rules — Page 14

THE HONGKONG GOVERNMENT GAZETTE, FEBRUARY 14, 1913.

Form 47.

Form 48.

Application to the Court

for leave to make a call.

Forms 50 to 53.

Document making the call. Form 54.

Service of notice of a' call.

and 55.

(2.) The notice of the meeting shall be sent to each member of the Committee of Inspection in sufficient time to reach him not less than seven days before the day appointed for hold- ing the meeting, or such longer time as the Court may appoint, and shall contain a state- ment of the proposed amount of the call, and the purpose for which it is intended. Notice of the intended call and the intended meeting of the Committee of Inspection shall also be advertised once at least in a Hongkong news- paper, and once at least in a newspaper cir- culating in the district where the principal part of the business of the Company is carried on, or contributories reside. The advertisement shall state the time and place of the intended meeting of the Committee of Inspection, and that each contributory may either attend the said meeting and be heard, or make any com- munication in writing to the Liquidator or members of the Committee of Inspection to be laid before the meeting, in reference to the said intended call.

(3.) At the meeting of the Committee of Inspec- tion any statements or representations male either to the meeting personally or addressed in writing to the Liquidator or members of the Committed by any contributory shall be con- sidered before the intended call is sanctioned. (4.) The sanction of the Committee shall be given by resolution, which shall be passed by a majority of the members present.

(5.) Where there is no Committee of Inspection, the Liquidator shall not make a call without obtaining the leave of the Court.

72. In a winding-up by the Court an application to the Court for leave to make any call on the contributories of a Company, or any of them, for any purpose authorised by the Ordinance, shall be made by summons stating the proposed amount of such call, which summons shall be served four clear days at the least before the day appointed for making the call on every contributory proposed to be included in such call or such longer time as the Court may appoint; or if the Court so directs, notice of such intended call may be given by advertisement, without a separate notice to each contributory

73. When the Liquidator is authorised by resolution or order to make a call on the contributories he shall file with the Registrar a document in the Form 54 with such varia- tions as circumstances may require making the call.

74. When a call has been made by the Liquidator in a winding-up by the Court, a copy of the resolution of the Committee of Inspection or order of the Court (if any), as Forms 48, 49 the case may be, shall forthwith after the call has been made be served upon each of the contributories included in such call, together with a notice from the Liquidator specifying the amount or balance due from such con- tributory in respect of such call, but such resolution or order need not be advertised unless for any special reason the Court so directs.

Enforce- ment of call, Forms 56, 57 and 38.

Proof of debt.

Mode of proof.

75. The payment of the amount due from each cou- tributory on a call may be enforced by order of the Court, to be made in Chambers on summons by the Liquidator.

PROOFS.

76. In a winding-up by the Court every creditor shall prove his debt, unless the Judge in any particular winding- up shall give directions that any creditors or class of creditors shall be admitted without proof.

77. A debt may be proved in any winding-up by deliver- ing or sending through the post an affidavit verifying the debt. In a winding-up by the Court the affidavit shall be so sent to the Official Receiver or, if a Liquidator has been appointed, to the Liquidator; and in any other winding-up the affidavit may be so sent to the Liquidator.

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