THE HONGKONG GOVERNMENT GAZETTE, 15TH JANUARY, 1887.
so to do, may order the name of the company to be restored to the register, and thereupon the company shall be deemed to have continued in existence as if the name thereof had never been struck off; and the Court may by the order give such directions and make such provisions as seem just for placing the company and all other persons in the same position as nearly as may be as if the name of the company had never been struck off.
(G.) A letter or notice authorised or required for the purposes of this section to be sent to a company may either be sent by post or may be delivered by hand addressed to the company at its registered office, or, if no office has been registered, addressed to the care of some director or officer of the company, or if there be no director or officer of the company whose name and address are known to the Registrar, the letter or notice (in identical form) may be sent or delivered to each of the persons who subscribed the memorandum of association, addressed to him at the address mentioned in that memorandum.
(7.) In the execution of his duties under this section the Registrar shall conform to any regulations which may be from time to time made by the Governor in Council.
PART VI.
Claims in winding up.
12. In the winding up of any Company under The Companies Ordinances 1865 to 1886 whose assets may prove insufficient for the payment of its debts and liabilities and the costs of winding up, the same rules shall prevail and be observed as to the respective rights of secured and unsecured creditors as to debts and liabilities provable and as to the valuation of annuities and future and contingent liabilities respectively as may be in force for the time being under the law of bankruptcy with respect to the estate of persons adjudged bankrupt; and all persons who in any such case would be entitled to prove for and receive dividends out of the assets of any such Company may come in under the winding up of such Company, and make such claim against the same as they may be entitled to under any proceedings in bankruptcy.
13. In the distribution of the assets of any company being wound up under The Companies Ordinances 1865 to 1886, there shall be paid in priority to other debts,
(a.) All wages or salary of any clerk or servant in respect of service rendered to the company during four months before the commencement of the winding up not exceeding two hundred and forty dollars; and
(b.) All wages of any labourer or workman in respect of services rendered to the company during two months before the commencement of the winding up.
14. The debts mentioned in the preceding section shall rank equally among themselves, and shall be paid in full, unless the assets of the company are insufficient to meet them, in which case they shall abate in equal proportions between themselves.
15. Subject to the retention of such sums as may be necessary for the costs of administration or otherwise, the liquidator or liquidators or official liquidator shall discharge the said last mentioned debts forthwith, so far as the assets of the company are and will be sufficient to meet them, as and when such assets come into the hands of such liquidator or liquidators or official liquidator.
PART VII.
Miscellaneous.
16. And whereas it is expedient to make provision for the reception as legal evidence of certificates of incorporation other than the original certificates, and of certified copies of and extracts from any documents filed and registered under The Companies Ordinances 1865 to 1886: Be it enacted, that any certificate of the incorporation of any company given by the Registrar of Companies shall be
Judicature Act 1873 Sec. 10,
Wages and Salary to be preferential claims. [46 & 47 V. c. 28, s. 4.]
Such claims to rank equally. [46 & 47 V. c. 28, s. 5.]
Liquidator to discharge same on receipt of sufficient assets. [46 & 47 V. c. 28, s. 6.]
Reception as legal evidence of certified copies.
[30 & 31 V. c. 20, s. 6.]
і
THE HONGKONG GOVERNMENT GAZETTE, 15TH JANUARY, 1887.
so to do, may order the name of the company to be restored to the register, and thereupon the company shall be deemed to have continued in existence as if the name thereof had never been struck off; and the Court may by the order give such directions and make such provisions as seem just for placing the company and all other per- sons in the same position as nearly as may be as if the name of the company had never been struck off.
(G.) A letter or notice authorised or required for the purposes of this section to be sent to a company may either be sent by post or may be delivered by hand addressed to the company at its regis- tered office, or, if no office has been registered, addressed to the care of some director or officer of the company, or if there be no director or officer of the company whose name and address are known to the Registrar, the letter or notice (in identical form) may be sent or delivered to each of the persons who subscribed the memoran- dum of association, addressed to him at the address mentioned in that memorandum.
(7.) In the execution of his duties under this section the Registrar shall conform to any regulations which may be from time to time made by the Governor in Council.
PART VI.
Claims in winding up.
12. In the winding up of any Company under The Com- panies Ordinances 1865 to 1886 whose assets may prove insufficient for the payment of its debts and liabilities and the costs of winding up, the same rules shall prevail and be observed as to the respective rights of secured and un- secured creditors as to debts and liabilities provable and as to the valuation of annuities and future and contingent liabilities respectively as may be in force for the time being under the law of bankruptcy with respect to the estate of per- sons adjudged bankrupt; and all persons who in any such case would be entitled to prove for and receive dividends out of the assets of any such Company may come in under the winding up of such Company, and make such claim against the same as they may be entitled to under any proceedings in bankruptcy.
13. In the distribution of the assets of any company being wound up under The Companies Ordinances 1865 to 1886, there shall be paid in priority to other debts,
(a.) All wages or salary of any clerk or servant in respect of service rendered to the company during four months before the commencement of the winding up not exceeding two hundred and forty dollars; and
(b.) All wages of any labourer or workman in respect of services rendered to the company during two months before the commencement of the wind- ing up.
14. The debts mentioned in the preceding section shall rank equally among themselves, and shall be paid in full, unless the assets of the company are insufficient to meet them, in which case they shall abate in equal proportions between themselves.
15. Subject to the retention of such sums as may be necessary for the costs of administration or otherwise, the liquidator or liquidators or official liquidator shall discharge the said last mentioned debts forthwith, so far as the assets of the company are and will be sufficient to meet them, as and when such assets come into the hands of such liquidator or liquidators or official liquidator.
PART VII.
Miscellaneous.
16. And whereas it is expedient to make provision for the reception as legal evidence of certificates of incorpora- tion other than the original certificates, and of certified copies of and extracts from any documents filed and, regis- tered under The Companies Ordinances 1865 to 1886: Be it enacted, that any certificate of the incorporation of any company given by the Registrar of Companies shall be
Judicature Act 1873 Sec. 10,
Wages and Balary to be preferential claims. [46 & 47 V. c. 28, 8. 4.]
Such claims to rank equally. [46 & 47 V. c. 28, 8. 5.]
Liquidator to discharge Бате прои receipt of Bufficient assets. [46 & 47 V. c. 28, s. 6.)
Reception as legal evidence of certified copies.
0 & 41 V. c. 20, s. 6.]
27
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