THE HONGKONG GOVERNMENT GAZETTE, FEBRUARY 14, 1913. 49
contributories after the first 50. The said costs shall be repaid out of the assets of the Company if the Court shall by Order or if the creditors or contributories (as the case may be) shall by resolution so direct.
115. Where a meeting is summoned by the Official Re- Chairman of ceiver or the Liquidator, he or someone nominated by him meeting. shall be Chairman of the meeting. At every other meet- Form 75. ing of creditors and contributories the Chairman shall be such person as the meeting by resolution shall appoint.
118. At à meeting of creditors a resolution shall be Ordinary deemed to be passed when a majority in number ant value resolution of creditors and of the creditors present personally or by proxy and voting contribu- on the resolution have voted in favour of the resolution, tories. and at a meeting of the contriburories a resolution shall be deemed to be passed when a majority in number and value of the contributories present personally or by proxy, and voting on the resolution, have voted in favour of the re- solution, the value of the contributories being determined according to the number of votes conferred on each con- tributory by the regulatious of the Company.,
17. The Official Receiver or as the case may be the Copy of Liquidator shall file with the Registrar a copy certified by resolution him of every résolution, of a meeting of creditors or con- tributories.
to be filed.
113. Where a meeting of creditors or contributories is Non-recep- summoned by notice the proceedings and resolutious at the tion of
notice by meeting shall unless the Court otherwise orders be valid a creditor. notwithstanding that some creditors or contributories may not have received the notice sent to them.
119. The Chairman may with the consent of the meet- Adjourn- ing adjourn it from time to time and from place to place, ment. but the adjourned meeting shall be held at the same place Form 74. as the original place of meeting unless in the resolution for adjournment another place is specified or unless the Court otherwise orders.
120.-(1.) A meeting may not act for any purpose ex- Quorum. cept the election of a Chairman, the proving of debts and the adjournment of the meeting unless there are present or represented thereat at least three creditors entitled to vote or three contributories or all the creditors entitled to vote or all the contributories, if the number of be creditors en- titled to vote or the contributories as the case may be shall not exceed three.
(2.) If within half an hour from the time appointed før the ineeting a quorum of creditors or contributories is not present or represented the meeting shall be adjourned to the same day in the following week at the same time and place or to such other day as the Chairman may appoint not being less than seven or more than twenty-one days.
121. In the ease of a first meeting of creditors or of an Creditors adjournment thereof a person shall not be entitled to vote entitled to as a ereditor unless he has duly lodged with the Official vote. Receiver not later thau the time mentioned for that pur- pose in the notice convening the meeting or adjourned meeting a proof of the debt which he claims to be due to him from the Company. In the case of a Court meeting or Liquidator's meeting of creditors a person shall not be entitled to vote as a creditor unless he has lodged with the Official Receiver or Liquidator a proof of the debt which he claims to be due to him from the Company and such. proof has been admitted wholly or in part before the date on which the meeting is held. Provided that this and the next four following rules shall not apply to a Court meet- ing of creditors beld prior to the first meeting of creditors.
may not
122. A creditor shall not vote in respect of any unliqui- Cases in dated or contingent debt, or any debt the value of which which * is not ascertained, nor shall a creditor vote in respect of creditors any debt on or secured by a current bill of exchange or vote. promissory note held by him unless he is willing to treat The liability to him thereon of every person who is liable thereon antecedently to the Company, and against whom a
No comments yet.
Private notes are available after approval.