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THE HONGKONG GOVERNMENT GAZETTE, 18TH AUGUST, 1866.
Increased Capital to be fully paid up,
when.
Directors to produce accounts and state- ments when called on to do so,
Liability of Share- holders.
Provisions to be in-
the Shareholders of the Company to be specially called for that purpose, and with the consent previously obtained of the Governor and under such conditions and provisions as he shall think fit, such consent being evidenced as hercinbefore provided for with respect to other requirements of a like nature, and so as the total amount of the Capital of the Company shall not exceed the Sum of Ten Millions of Dollars and until it shall be certified by the Governor in like manner as aforesaid that one-half of such new Capital has been so paid up, the Company shall not be entitled, by advertisement or otherwise, to state or hold out to the Public that the amount of the Capital has been increased.
XXIII. The remainder of the instalments on the Shares constituting such increased Capital shall be wholly paid up within Two Years from the date of the Certificate, to be granted as aforesaid, of one-half thereof having been paid up, and the saine shall be made to appear to the satisfaction of the Governor, to be certified as aforesaid.
XXIV. The Directors of the Company shall, if, and whenever, they shall be required so to do, by the Governor, produce and submit to him, or to such persons or officers as he may appoint for that purpose, for his or their inspection and examination, the several accounts and statements which by the said Deed shall be directed to be made and furnished.
XXV. If the Company shall become insolvent, every Proprietor for the time being of Shares in the Capital thereof shall, in addition to his liability for the amount of the issue of Notes under the Provisions of the Twelfth Clause of this Ordinance, be liable to contribute to the payment of the debts, engagements, and liabilities of the Company not only such parts of the Shares held by him or her respectively, in the Capital of the Company, as shall not have been theretofore called for and paid up, but also such further Sums of Money not exceeding the amount of the shares so held by him or her, as shall be requisite and necessary to satisfy and discharge the debts, engagements, and liabilities of the Company.
XXVI. In the said Deeds so to be executed as aforesaid, and in every transfer of cluded in Deed and any Share or Shares in the Company, due provision shall accordingly be made for the
payment by the Shareholders of such amounts as aforesaid.
Transfers.
Provision for repeal of this Ordinance on certain events.
Company may be wound up.
XXVII. In the event of the insolvency of the Company, or of any Suspension in the Payments of the Company, for the space of Sixty Days in succession, or for any number of Days, at intervals which shall amount altogether to Sixty Days within any One Year, or if the Company shall not have well and truly maintained, abided by, performed and observed, all and every the rules, orders, provisions, and directions herein contained and set forth, or to be contained and set forth in the said Deed, so to be executed as aforesaid; Then, and in any of such cases, it shall and may be lawful for the Governor with the Advice of the Legislative Council of the Colony by an Ordinance to be passed for that purpose to repeal this Ordinance and declare that the Incorporation hereby granted to the Company shall cease and determine and become absolutely void.
XXVIII. Subject as hereinafter mentioned the Company may be wound up by the Supreme Court of Hongkong in its Equitable Jurisdiction and all the provisions of The Companies Ordinance 1865 with respect to the Winding up of Companies registered thereunder shall apply to this Company as if expressly re-enacted in this Ordinance save and except in such respects as the same may be altered or modified as hereinafter men- tioned or provided for:
1. The circumstances under which the Company may be wound up are as follows;
that is to say:
4. In the event of the Company being dissolved, or ceasing to carry on business, or carrying on business only for the purpose of winding up its
affairs.
B. Whenever the Company is unable to pay its debts.
C. Whenever the Court is of opinion that it is just and equitable that the Company should be wound up.
2. The Company shall be deemed unable to pay its debts:
4. Whenever a Creditor to whom the Company is indebted, at Law or in Equity, by assignment or otherwise, in a Sum exceeding Three Hundred Dollars then due, has served upon the Company, by leaving the same at the principal place of business of the Company, or by delivering to the Manager or some Director or principal officer of the Company, or by otherwise serving the same in such manner as the Court may approve or direct, a demand under his hand requiring the Company to pay the sum so due, and the Company has
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