THE HONGKONG GOVERNMENT GAZETTE, 15TH JANUARY, 1887.
8. Within ten days after the date of the order to wind up a summons may be taken out by the Petitioner to proceed with the winding-up of the company and in default thereof such summons may be taken out by any other person interested in the winding-up and in case the summons be taken out by any other person than the Petitioner the judge may, if he thinks fit, give the carriage and prosecution of the order to such person. Such summons shall be served upon all parties who may have appeared upon the hearing of the petition. Upon the return of such summons, a time shall, if the Judge thinks fit, be fixed for the appointment of an official liquidator and for the proof of debts and for the list of contributories to be brought in and directions may be given as to the advertisements to be issued for all or any of such purposes, and generally as to the proceedings and the parties to attend thereon. The proceedings under the order shall be continued by adjournment, and when necessary, by further summons, and any such direction as aforesaid may be given, added to, or varied, at any subsequent time, as may be found necessary.
Official Liquidator.
9. The Judge may appoint a person to the office of official liquidator, without previous advertisement or notice to any party, or fix a time and place for the appointment of an official liquidator, and may appoint or reject any person nominated at such time and place, and appoint any person not so nominated.
10. When a time and place are fixed for the appointment of an official liquidator, such time and place shall be advertised in such manner as the Judge shall direct, so that the first or only advertisement shall be published within fourteen days and not less than seven days before the date so fixed.
11. Every official liquidator shall give security by entering into a recognizance with two or more sufficient sureties in such sum as the Judge may approve; and the Judge may, if he shall think fit, accept the security of any guarantee Society established by Charter or Act of Parliament in England or Local Ordinance in lieu of the security of such sureties as aforesaid, or of any of them.
12. The official liquidator shall be appointed by order, and unless he shall have given security, a time shall be fixed by such order within which he is to do so: and the order shall fix the times or periods at which the official liquidator is to leave his accounts of his receipts with the Registrar, and shall direct that all moneys to be received shall be paid into Court or into such Bank as the Court may direct immediately after the receipt thereof to the account of the official liquidator of the company, and if paid into a Bank an account shall be opened there accordingly and an office copy of the order shall be lodged at such Bank.
13. When an official liquidator has given security pursuant to the directions in the order appointing him, the same shall be certified by the Registrar as in the case of a receiver appointed in a suit subject to giving security.
14. The official liquidator shall on each occasion of passing his account and also whensoever the judge may so require, satisfy the judge that his sureties are living, and resident in the Colony and have not been adjudged bankrupt or become insolvent, and in default thereof he may be required to enter into fresh security within such time as shall be directed.
15. Every appointment of an official liquidator shall be advertised in such manner as the judge shall direct, immediately after he has been appointed, and has given security.
16. Where it is desired to appoint provisionally an official liquidator an application for that purpose may, at any time after the presentation of the petition for winding-up the company, be made by summons, without advertisement or notice to any person, unless the judge shall otherwise direct; and such provisional official liquidator may, if the judge shall think fit, be appointed without security.
17. In case of the death, removal, or resignation of an official liquidator another shall be appointed in his room, in the same manner as directed in the case of a first appointment, and the proceedings for that purpose may be taken by such party interested as may be authorized by the judge to take the same.
18. The official liquidator shall, with all convenient speed after he is appointed, proceed to make up, continue, complete, and rectify the books of account of the company, and shall provide and keep such books of account as shall be necessary, or as the judge may direct, for the purposes aforesaid, and for showing the debts and credits of the company, including a ledger which shall contain the separate accounts of the contributories, and in which every contributory shall be debited from time to time with the amount payable by him in respect of any call to be made as provided by The Companies Ordinances 1865 to 1886 and these Rules.
19. The official liquidator shall be allowed in his accounts, or otherwise paid, such salary or remuneration as the judge may from time to time direct including any necessary employment of assistants or clerks by the official liquidator, to which regard shall be had, and such salary or remuneration may either be fixed at the time of his appointment, or at any time thereafter, as the judge may think fit. Every allowance of such salary or remuneration, unless made at the time of his appointment, or upon passing an account, shall be made upon application for that purpose by the official liquidator, on notice to such persons (if any), and supported by such evidence as the judge shall require: nevertheless, the judge may from time to time allow any sum he may think fit to the official liquidator, on account of the salary or remuneration to be thereafter allowed.
Proceedings on order. [ibid, r. 7]
Appointment of official liquidator. [ibid, r. 8]
Advertisement as to appointment. [ibid, r. 9]
Security of official liquidator. [ibid, r. 10]
Order appointing official Liquidator. [ibid, r. 11]
Certificate of security given. [ibid, r. 12]
Fresh security when required. [ibid, r. 13]
Advertisement of appointment made. [ibid, r. 14]
Provisional official liquidator. [ibid, r. 15]
Vacancy in office of official liquidator. [ibid, r. 16]
Accounts. [ibid, r. 17]
Remuneration of liquidator. [ibid, r. 18]
Page 29
THE HONGKONG GOVERNMENT GAZETTE, 15TH JANUARY, 1887.
8. Within ten days after the date of the order to wind up a summons may be taken out by the Petitioner to proceed with the winding-up of the company and in default thereof such summons may be taken out by any other person interested in the winding-up and in case the summons be taken out by any other person than the Petitioner the judge may, if he thinks fit, give the carriage and prosecution of the order to such person. Such summons shall be served upon all parties who may have appeared upon the hearing of the petition. Upon the return of such summons, a time shall, if the Judge thinks fit, be fixed for the appointment of an official liquidator and for the proof of debts and for the list of contributories to be brought in and directions may be given as to the advertisements to be issued for all or any of such purposes, and generally as to the proceedings and the parties to attend thereon. The proceedings under the order shall be continued by adjournment, and when necessary, by further summons, and any such direction as aforesaid may be given, added to, or varied, at any subsequent time, as may be found necessary.
Official Liquidator.
9. The Judge may appoint a person to the office of official liquida- tor, without previous advertisement or notice to any party, or fix a time and place for the appointment of an official liquidator, and may appoint or reject any person nominated at such time and place, and appoint any person not so nominated.
10. When a time and place are fixed for the appointment of an official liquidator, such time and place shall be advertised in such manner as the Judge shall direct, so that the first or only advertise- ment shall be published within fourteen days and not less than seven days before the date so fixed.
11. Every official liquidator shall give security by entering into a recognizance with two or more sufficient sureties in such sum as the Judge may approve; and the Judge may, if he shall think fit, accept the security of any guarantee Society established by Charter or Act of Parliament in England or Local Ordinance in lien of the security of such sureties as aforesaid, or of any of them.
12. The official liquidator shall be appointed by order, and unless he shall have given security, a time shall be fixed by such order within which he is to do so: and the order shall fix the times or periods at which the official liquidator is to leave his accounts of his receipts with the Registrar, and shall direct that all moneys to be received shall be paid into Court or into such Bank as the Court may direct immediately after the receipt thereof to the account of the official liquidator of the company, and if paid into a Bank an account shall be opened there accordingly and an office copy of the order shall be lodged at such Bank.
13. When an official liquidator has given security pursuant to the directions in the order appointing him, the same shall be certified by the Registrar as in the case of a receiver appointed in a suit subject to giving security.
14. The official fiquidator shall on each occasion of passing his account and also whensoever the judge may so require, satisfy the judge that his sureties are living, and resident in the Colony and have not been adjudged bankrupt or become insolvent, and in default thereof he may be required to enter into fresh security within such time as shall be directed.
15. Every appointment of an official liquidator shall be advertised in such manner as the judge shall direct, immediately after he has been appointed, and has given security.
16. Where it is desired to appoint provisionally an official liqui- dator an application for that purpose may, at any time after the presentation of the petition for winding-up the company, be made by summons, without advertisement or notice to any person, unless the judge shall otherwise direct; and such provisional official liqui- dator may, if the judge shall think fit, be appointed without security.
17. In case of the death, removal, or resignation of an official liqui- dator another shall be appointed in his room, in the same manner as directed in the case of a first appointment, and the proceedings for that purpose may be taken by such party interested as may be author- ized by the judge to take the same.
18. The official liquidator shall, with all convenient speed after he is appointed, proceed to make up, continue, complete, and rectify the books of account of the company, and shall provide and keep such books of account as shall be necessary, or as the judge may direct, for the purposes aforesaid, and for shewing the debts and credits of the company, including a ledger which shall contain the separate ac- counts of the contributories, and in which every contributory shall be debited from time to time with the amount payable by him in respect of any call to be made as provided by The Companies Ordi- nances 1865 to 1886 and these Rules.
19. The official Hiquidator shall be allowed in bis accounts, or other- wise paid, such salary or remuneration as the judge may from time to time direct including any necessary employment of assistants or clerks by the official liquidator, to which regard shall be had, and such salary or remuneration may either be fixed at the time of his appoint- ment, or at any time thereafter, as the judge may think fit. Every allowance of such salary or remuneration, unless made at the time of his appointment, or upon passing an account, shall be made upon application for that purpose by the official liquidator, on notice to such persons(if any), and supported by such evidence as the judge shall require: nevertheless, the judge may from time to time allow any sum he may think fit to the official liquidator, on account of the salary or remuneration to be thereafter allowed.
Proceedings on order. [ibid, r. 7]
Appointment of official liquidator. [ibid, r. 8]
Advertise- ment as to appointment. [ibid, r. 9]
Security of officia! Riquidator. [ibid, r. 10]
Order appointing official Liquidator. [ibid, r. 11]
Certificate of security given. [ibid, r. 12]
Fresh security when required. [ibid, r. 13]
Advertise- ment of appointment
made.
[tbid, r. 14]
Provisional official liquidator. [ibid. r. 15]
Vacancy in office of official liquidator. [ibid, r. 163
Accounts. [ibid, r. 17]
Remuneration
of liquidator. [ibid, r. 18]
29
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