30684-1913-Companies-Winding-up-Rules — Page 17

Government Gazette 政府憲報 轅門報 All

47

THE HONGKONG GOVERNMENT GAZETTE, FEBRUARY, 14, 1913.

99. The Liquidator in a winding-up by the Court, Procedure including the Official Receiver when he is Liquidator, shall, where within three days after receiving notice from a creditor of creditor his intention to appeal against a decision rejecting a proof, appeals. file such proof with the Registrar, with a memorandum thereon of his disallowance thereof.

100. Subject to the power of the Court to extend the Time for time in a winding-up by the Court, the Official Receiver dealing with as Liquidator, not later than fourteen days from the latest proofs by

Official date specified in the notice of his intention to declare a Receiver. dividend as the time within which such proofs must be lodged, shall in writing either admit or reject wholly, or in part, every proof lodged with him, or require further evidence in support of it.

101. Subject to the power of the Court to extend the Time for time, the Liquidator in a winding-up by the Court, other dealing with than the Official Receiver, within twenty-eight days after proofs by

Liquidator. receiving a proof, which has not previously been dealt with, shall in writing either admit or reject wholly or in part, or require further evidence in support of it. Provided that where the Liquidator has given notice of his intention to declare a dividend, be shall within fourteen days after the date mentioned in the notice as the latest date up to which proofs must be lodged, examine, and in writing admit or reject, or require further evidence in support of, every proof which has not been already dealt with, and shall give notice of his decision, rejecting a proof wholly or in part, to the creditors affected thereby. Where a creditor's proof has been admitted the notice of dividend shall be a sufficient notification of the admission.

102. The Official Receiver shall in no case be person- ally liable for costs in relation to an appeal from his deci- sion rejecting any proof wholly or in part..

GENERAL MEETINGS OF CREDITORS AND CONTRIBU- TORIES IN RELATION TO A WINDING-UP BY THE COurt,

Cost of appeals from

decisions as to proofs.

creditors and

contribu- tories,

103. The meetings of creditors and contributories under First meet- section 147 of the Ordinance (hereinafter referred to as the ings of first meetings of creditors and contributories) shall be held within twenty-one days, or if a Special Manager has been appointed then within one month after the date of the Winding-up Order or within such further time as the Court may approve. The dates of such meetings shall be fixed and they shall be summoned by the Official Receiver.

104. The Official Receiver shall forthwith give notice Notice of af the days fixed by him for the first meetings of creditors first meet- ond contributories by due advertisement in the Gazette.

105. The first meetings of creditors and contributories shall be summoned as hereinafter provided.

ings.

Summoning of first meetings.

106. The notices of first meetings of creditors and con- Form of tributories may be in Forms 17 and 18 appended hereto, notices and the notices to creditors shall state a time within which of first the creditors must lodge their proofs in order to entitle meetings, Forms 17 them to vote at the first meeting.

and 18.

officers of

107. The Official Receiver shall also give to each of the Notice Directors and other Officers of the Company who in his of first opinion ought to attend the first meetings of creditors and meetings to contributories seven days notice of the time and place appointed for each meeting. The notice may either be delivered personally or seut by prepaid post letter, as may be convenient. It shall be the duty of every Director or Officer who receives notice of such meeting to attend if so required by the Official Receiver.

company.

Form 19.

108. The Official Receiver shall also, as soon as practic- Summary of able, send to each creditor mentioned in the Company's Statement Statement of Affairs, and to each person appearing from of affairs. the Company's books or otherwise to be a contributory of the Company a summary of the Company's Statement of Affairs, including the causes of its failure, and any observa-

Comments

Approved members can add comments, bookmarks, and private notes.

No comments yet.

Private Research Note

Private notes are available after approval.