30684-1913-Companies-Winding-up-Rules — Page 31

THE HONGKONG GOVERNMENT GAZETTE, FEBRUARY 14, 1913.

:

the control of the Official Receiver instead of being forth- with realised and the proceeds thereof paid into the Com- panies Liquidation Account. In the latter case, if and when the money represented by the securities is required wholly or in part for the purposes of the liquidation, the Official Receiver may realise the securities wholly or in part and pay the proceeds of realisation into the Companies Liquidation Account and deal with the same in the same way as other monies paid into the said Account may be dealt with.

to Official

Form 93.

180. Every person who has acted as Liquidator of any Liquidator Company, whether the liquidation has been concluded or to furnish not, shall furnish to the Official Receiver particulars of information any money in his hands or under his control representing Receiver. unclaimed or undistributed assets of the Company and such other particulars as the Official Receiver may require for the purpose of ascertaining or getting in any money pay- able into the Companies Liquidation Account at the bank. The Official Receiver may require such particulars to be verified by affidavit,

181-(1.) The Official Receiver may at any time order any such person to submit an account verified by affidavit of the sums received and paid by him as Liquidator of the Company and may direct and enforce an audit of the

account.

Official Re- ceiver may

call for veri- fied accounts.

(2.) For the purposes of section 214 of the Ordinance, Forms 88 and the Rules, the Court shall have, and, at the instance and 89. of the Official Receiver, may exercise all the powers con- ferred by the Bankruptcy Ordinance, 1891, with respect to the discovery and realisation of the property of a debtor, and the provisions of Part I of that Ordinance with res- pect thereto shall, with any necessary modification, apply to proceedings under section 214 of the Ordinance.

182. An application by the Official Receiver for the purpose of ascertaining and getting in money payable into the bank pursuant to section 214 of the Ordinance, shall be made by motion.

Application to the Court for enforcing an account, and getting in money.

Application

entitled.

183. An application by a person claiming to be entitled to any money paid into the bank in pursuance of section for payment 214 of the Ordinance, shall be made in such form and out by person manner as the Official Receiver may from time to time di- rect, and shall, unless the Official Receiver otherwise di- reets, be accompanied by the certificate of the Liquidator that the person claiming is entitled and such further evid- ence as the Official Receiver may direct,

ment out,

184. A Liquidator who requires to make payments out Application' of money paid into the bank in pursuance of section 214 of by Liquid- the Ordinance, either by way of distribution or in respect of ator for pay- the cost and expenses of the proceedings, shall apply in such form and manner as the Official Receiver may direct, and the Official Receiver may thereupon either make an order for payment to the Liquidator of the sum required by him for the purposes aforesaid, or may direct cheques to be issued to the Liquidator for transmission to the persons to whom the payments are to be made.

RELEASE OF LIQUIDATOR IN A WINDING-UP BY THE COURT,

185.-(1.) A Liquidator in a winding-up by the Court Proceedings before making application to the Court for his release, for release of shall give notice of his intention so to do to all the creditors Liquidator. who have proved their debts, and shall send with the notice Forms 94, 95 a summary of his receipts and payments as Liquidator.

(2.) When the Court has granted to a Liquidator his release, a notice of the order granting the release shall be gazetted. The Liquidator shall provide the requisite pay- ment for the Gazette, which he may charge against the Company's assets.

and 96.

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