30684-1913-Companies-Winding-up-Rules — Page 23

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THE HONGKONG GOVERNMENT GAZETTE, FEBRUARY 14, 1913.

(2.) The Court may from time to time appoint any one or more of the creditors or contributories to represent before the Court, at the expense of the Company, all or any class of the creditors or contributories, upon any ques- tion or in relation to any proceedings before the Court, and may remove the person so appointed. If more than one person is appointed under this Rule to represent one class, the persons appointed shall employ the same solicitor to represent them.

(3.) No creditor or contributory shall be entitled to attend any proceedings in Chambers unless and until be has entered in a book, to be kept by the Registrar for that purpose, his name and address, and the name and address of his solicitor (if any) and upon any change of his address or of his solicitor, his new address, and the name and address of his new solicitor.

141. Where the attendance of the Liquidator's solicitor Attendance is required on any proceeding in Court or Chambers, the of Liquida- Liquidator need not attend in person, except in cases where tor's his presence is necessary in addition to that of his solicitor, or the Court directs him to attend.

LIQUIDATOR AND COMMITTEE OF INSPECTION IN A

WINDING-UP BY THE COURT.

Solicitor.

142.-(1.) The remuneration of a Liquidator, unless Remunera- the Court shall otherwise order, shall be fixed by the tion of Committee of Inspection; and shall be in the nature of a

Liquidator. commission or percentage of which one part shall be pay- able on the amount realised, after deducting the sums (if any) paid to secured creditors (other than debenture hold- ers) out of the proceeds of their securities, and the other part on the amount distributed in dividend.

(2.) If the Official Receiver is of opinion that the re- muneration of a Liquidator as fixed by the Committee of Inspection is unnecessarily large, the Official Receiver may apply to the Court, and thereupon the Court shall fix the amount of the remuneration of the Liquidator.

(3.) If there is no Committee of Inspection the remu- neration of the Liquidator shall, unless the Court shall otherwise order, be fixed by the scale of fees and percent- ages for the time being payable on realisations and dis- tributions by the Official Receiver as Liquidator.

143. Except as provided by the Ordinance or the Rules, Limit of a Liquidator shall not under any circumstances whatever, remunera- make any arrangement for, or accept from any solicitor, tion. auctioneer, or any other person connected with the Com- pany of which he is Liquidator, or who is employed in or in connection with the winding-up of the Company, any gift, remuneration, or pecuniary or other consideration or benefit whatever beyond the remuneration to which under the Ordinance and the Rules he is entitled as Liquidator, nor shall he make any arrangement for giving up, or give up any part of such remuneration to any such solicitor, auctioneer, or other person.

144. Neither the Liquidator nor any member of the Dealings Committee of Inspection of a Company shall, while acting with assets. as Liquidator or member of such Committee, except by leave of the Court, either directly or indirectly, by himself or any partner, clerk, agent, or servant, become purchaser of any part of the Company's assets. Any such purchase made contrary to the provisions of this Rule may be set aside by the Court on the application of the Official Re- ceiver or any creditor or contributory, and the Court may make such order as to costs as the Court shall think fit.

145. Where the Liquidator carries on the business of Restriction' the Company, he shall not, without the express sanction on purchase of the Court, purchase goods for the carrying on of such of goods by business from any person whose connection with the Li- Liquidator. quidator is of such a nature as would result in the Li- quidator obtaining any portion of the profit (if any) arising out of the transaction.

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