30684-1913-Companies-Winding-up-Rules — Page 16

THE HONGKONG GOVERNMENT GAZETTE, FEBRUARY 14, 1913.

Transmis- sion of proofs to Liquidator.

Notice to

prove.

89. Where a Liquidator is appointed in a winding-up by the Court, all proofs of debts that have been received by the Official Receiver shall be handed over to the Liquidator, but the Official Receiver shall first make a list of such proofs, and take a receipt thereon from the Liquidator for such proofs.

ADMISSION AND REJECTION OF PROOFS, AND APPEAL TO THE COURT.

80. Subject to the provisions of the Ordinance, and Creditors to unless otherwise ordered by the Court, the Liquidator in any winding-up may from time to time fix a certain day, which shall be not less than fourteen days from the date of the notice, on or before which the creditors of the Com- pany are to prove their debts or claims, or to be excluded from the benefit of any distribution made before such debts are proved, and the Liquidator shall give notice in writing of the day so fixed by advertisement in such newspaper as he shall consider convenient, and in a winding-up by the Court to every person mentioned in the Statement of Affairs as a creditor, and who has not proved his debt, and in any other winding-up to the last known address or place of abode of each person who, to the knowledge of the Liquidator, claims to be a creditor of the Company and whose claim has not been admitted.

Examina- tion of proof.

Form 61.

Appeal by creditor.

Expunging

91. The Liquidator shall examine every proof of debt lodged with him, and the grounds of the debt, and in writing admit or reject it, in whole or in part, or require further evidence in support of it. If he rejects a proof he shall state in writing to the creditor the grounds of the rejection.

92. If a creditor or contributory is dissatisfied with the decision of the Liquidator in respect of a proof, the Court may, on the application of the creditor or contributory, reverse or vary the decision; but, subject to the power of the Court to extend the time, no application to reverse or vary the decision of the Liquidator in a winding up by the Court rejecting a proof sent to him by a creditor, or person claiming to be a creditor, shall be entertained, unless notice of the application is given before the expiration of twenty-one days from the date of the service of the notice of rejection.

93. If the Liquidator thinks that a proof has been im- at instance of properly admitted, the Court may, on the application of Liquidator.

the Liquidator, after notice to the creditor who made the proof, expunge the proof or reduce its amount.

Expunging

94. The Court may also expunge or reduce a proof at instance of upon the application of a creditor or contributory if the

Liquidator deelines to interfere in the matter.

creditor.

Oaths.

Official Receiver's powers.

Filing proofs by Official Receiver.

Proofs to be filed.

Form 62.

95. For the purpose of any of his duties in relation to proofs, the Liquidator, in a winding-up by the Court, may administer oaths and take affidavits..

96. In a winding-up by the Court the Official Receiver, before the appointment of a Liquidator, shall have all the powers of a Liquidator, with respect to the examination, admission, and rejection of proofs, and any act or decision of his in relation thereto shall be subject to the like appeal.

97. In a winding-up by the Court the Official Receiver, where no other Liquidator is appointed, shall, before pay- ment of a dividend, file all proofs tendered in the winding- up, with a list thereof, distinguishing in, such list the proots which were wholly or partly admitted, and the proofs which were wholly or partly rejected.

98. Every Liquidator in a winding-up by the Court other than the Official Receiver shall on the first day of every month, forward to the Registrar for filing a certified list of all proofs, if any, received by him during the month next preceding, distinguishing in such lists the proofs admitted, those rejected, and such as stand over for further consideration; and, in the case of proofs admitted or rejected, he shall cause the proofs to be filed with the Registrar.

(C