30684-1913-Companies-Winding-up-Rules — Page 21

THE HONGKONG GOVERNMENT GAZETTE, FEBRUARY 14, 1913. 51

to obtain

132. Where it appears to the satisfaction of the Court Solicitation that any solicitation has been used by or on behalf of a by Liquidator in obtaining proxies or in procuring his appoint- Liquidator ment as Liquidator except by the direction of a meeting of proxies. creditors or contributories, the Court if it thinks fit may order that no remuneration be allowed to the person by whom or on whose behalf the solicitation was exercised notwithstanding any resolution of the Committee of Inspec- tion or of the creditors or contributories to the contrary.

133. A creditor or a contributory may appoint the Troxies to Official Receiver or Liquidator to act as his general or spe- Official cial proxy.

Receiver or Liquidator.

vote on

which he is

134. No person acting either under a general or a spe- Holder of cial proxy shall vote in favour of any resolution which proxy not to would directly or indirectly place himself, his partner or employer in a position to receive any remuneration out of matter in the estate of the Company therwise than as creditor financially rateably with the other creditors of the Company. Provi- interested. ded that where any person holds special proxies to vote for an application to the Court in favour of the appointment of himself as Liquidator he may use the said proxies and vote accordingly.

135.-(1.) A proxy intended to be used at the first Proxies. moeting of creditors or contributories, or an adjournment Forms 76 thereof, shall be lodged with the Official Receiver not later and 77. than the time mentioned for that purpose in the notice con- vening the meeting or the adjourned meeting, which time shall be not earlier than twelve o'clock at noon of the day but one before, nor later than twelve o'clock at noon of the day before the day appointed for such meeting, unless the Court otherwise directs.

(2.) In every other case a proxy shall be lodged with the Official Receiver or Liquidator not later than four o'clock in the afternoon of the day before the meeting or adjourned meeting at which it is to be used.

(3.) No person shall be appointed a general or special proxy who is a minor.

(4) Where a Limited Company is a creditor, any person who is duly authorised under the seal of the creditor Com- pany to act generally on behalf of the creditor Company at meetings of creditors and contributories and to appoint himself or any other person to be the creditor Company's proxy, may fill in and sign the form of proxy on the cre- ditor Company's behalf and appoint himself to be the cre- ditor Company's proxy, and a proxy so filled in and signed by such a person shall be received and dealt with as the proxy of the creditor Company.

136. Where an Official Receiver who holds any proxies Use of cannot attend the meeting for which they are given, he proxies by may, in writing, depute some person under his official con- deputy. trol to use the proxies on his behalf, and in such manner as he may direct.

blind r

137. The proxy of a creditor blind or incapable of writ- Filling in ing may be accepted, if such creditor has attached his where signature or mark thereto in the presence of a witness, who creditor shall add to his signature his description and residence; incapable. provided that all insertions in the proxy are in the hand- writing of the witness and such witness shall have certified at the foot of the proxy that all such insertions have been made by him at the request of the creditor and in his pre- sence before he attached his signature or mark.

DIVIDENDS IN A WINDING-UP BY THE COURT.

133.-(1.) Not less than two months before declaring Dividends to a dividend the Liquidator in a winding-up by the Court, creditors.. shall give notice of his intention to do so to the Official Form 63. Receiver in order that the same may be gazetted, and at the same time to such of the creditors mentioned in the statement of affairs as have not proved their debts. Such notice shall specify the latest date up to which proo's must be lodged, which shall not be less than fourteen days from the date of such notice.