60 THE HONGKONG GOVERNMENT GAZETTE, FEBRUARY 14, 1913.
Form 89.
Affidavit of
(3.) Every statement shall be sent in duplicate, and shall be verified by an affidavit in the Form No. 89, with such variations as circumstances may require.
178 Where a Liquidator has not during any period for no receipts or which a statement has to be sent received or paid any
payments.
Forms 88 and 89.
Payment of undistribu- ted and un- claimed money into Companies Liquidation Account.
money on account of the Company, he shall at the period when he is required to trausmit his statement, send to the Registrar of Companies the prescribed statement in the Form No. 88 in duplicate, containing the particulars therein required with respect to the proceedings in and position of the liquidation, and with such statement shall also send an affidavit of no receipts or payments in the Form No. 89.
UNCLAIMED FUNDS AND UNDISTRIBUTED ASSETS IN THE HANDS OF A Liquidator. 179.-(1.) All money in the hands or under the control of a liquidator of a Company representing unclaimed dividends, which for six months from the date when the dividend became payable have remained in the hands or under the control of the Liquidator, shall forthwith, on the expiration of the six mouths, be paid into the Companies Liquidation Account.
(2.) All other money in the bands or under the control of a Liquidator of a Company, representing unclaimed or undistributed assets, which under sub-section 4 of section 214 of the Ordinance, the Liquidator is to pay into the Companies Liquidation Account, shall be ascertained as on the date to which the statement of receipts and payments sent in to the Registrar of Companies is brought down, and the amount to be paid to the Companies Liquidation Account shall be the initimum balance of such money which the Liquidator has had in his hands or under his control during the six months immediately preceding the date to which the statement is brought down, less such part (if any) thereof as the Official Receiver may authorise him to retain for the immediate purposes of the liquidation. Such amount shall be paid into the Companies Liquidation Account within fourteen days from the date to which the statement of account is brought down.
(3.) Notwithstanding anything in this Rule, auy moneys representing unclaimed or undistributed assets or dividends in the hands of the Liquidator at the date of the dissolution of the Company shall forthwith be paid by him into the Companies Liquidation Account.
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(4.) A Liquidator whose duty it is to pay into the Com- panies Liquidation Acconut at such bank as the Colonial Treasurer may direct, money representing unclaimed or undistributed assets of the Company shall apply through the Official Receiver for a paying-in order, which paying-in order shall be an authority to the lank to receive the payment.
(5.) Money at the credit of the account of the Official Liquidator of a Company with the Bank shall be deemed to be money under the control of such Official Liquidator, and when such money has remained unclaimed or undis- tributed for six months after the date of receipt it shall be transferred to the Companies Liquidation Account, and the Official Liquidator and the Official Receiver shall draw and sign such cheques or orders as may be necessary for the transfer of the money. An application to the Official Receiver for payment out of moneys so transferred shall be signed by the Official Liquidator and countersigned by the Registrar.
(6.) Money invested or deposited at interest by a Liquid- ator shall be deemed to be money under his control, and when such money forms part of the minimum balance pay- able into the Companies Liquidation Account pursuant to clause (2) of this Rule, the Liquidator shall realise the investment or withdraw the deposit, and shall pay the pro- ceeds into the Companies Liquidation Account, provided that where the money is invested in Government securities, or such securities as the Court may direct, such securities may, with the permission of the Court, be transferred to
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