1923_COMPANIES_ORDINANCE__1911 — Page 100

HK Historical Laws 香港歷史法例 All AI Reviewed

2100

Powers of

court cumulative.

No. 58 of 1911.

COMPANIES.

172. Any powers by this Ordinance conferred on the court shall be in addition to and not in restriction of any existing powers of instituting proceedings against any contributory or debtor of the company, or the estate of any contributory or debtor for the call or other sums,

Power to en-force orders.

Appeals from order.

Enforcement of and appeal from orders.

173. Orders made by the court under this Ordinance may be enforced in the same manner as orders made in any action pending therein.

174. Subject to rules of court, an appeal from any order or decision made or given in the winding-up of a company by the court under this Ordinance shall lie in the same manner and subject to the same conditions as an appeal from any order or decision of the court in cases within its original jurisdiction; subject to this restriction that no such appeal shall be heard unless notice of the same is filed within fourteen days from the date of the order or decision complained of, unless such time is extended by the Full Court.

Circumstances in which company may be wound up voluntarily.

Voluntary winding-up.

175. A company may be wound up voluntarily

(1) when the period (if any) fixed for the duration of the company by the articles expires, or the event (if any) occurs, on the occurrence of which the articles provide that the company is to be dissolved, and the company in general meeting has passed a resolution requiring the company to be wound up voluntarily;

(2) if the company resolves by special resolution that the company be wound up voluntarily;

(3) if the company resolves by extraordinary resolution to the effect that it cannot by reason of its liabilities continue its business, and that it is advisable to wind up.

176. A voluntary winding-up shall be deemed to commence at the time of the passing of the resolution authorizing the winding-up.

Effect of voluntary winding-up on status of company.

177. When a company is wound up voluntarily, the company shall, from the commencement of the winding-up, cease to carry on its business, except so far as may be required for the beneficial winding-up thereof:

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2100 Powers of court cumulative. No. 58 of 1911. COMPANIES. 172. Any powers by this Ordinance conferred on the court shall be in addition to and not in restriction of any existing powers of instituting proceedings against any contributory or debtor of the company, or the estate of any contributory or debtor for the call or other sums, Power to en-force orders. Appeals from order. Enforcement of and appeal from orders. 173. Orders made by the court under this Ordinance may be enforced in the same manner as orders made in any action pending therein. 174. Subject to rules of court, an appeal from any order or decision made or given in the winding-up of a company by the court under this Ordinance shall lie in the same manner and subject to the same conditions as an appeal from any order or decision of the court in cases within its original jurisdiction; subject to this restriction that no such appeal shall be heard unless notice of the same is filed within fourteen days from the date of the order or decision complained of, unless such time is extended by the Full Court. Circumstances in which company may be wound up voluntarily. Voluntary winding-up. 175. A company may be wound up voluntarily (1) when the period (if any) fixed for the duration of the company by the articles expires, or the event (if any) occurs, on the occurrence of which the articles provide that the company is to be dissolved, and the company in general meeting has passed a resolution requiring the company to be wound up voluntarily; (2) if the company resolves by special resolution that the company be wound up voluntarily; (3) if the company resolves by extraordinary resolution to the effect that it cannot by reason of its liabilities continue its business, and that it is advisable to wind up. 176. A voluntary winding-up shall be deemed to commence at the time of the passing of the resolution authorizing the winding-up. Effect of voluntary winding-up on status of company. 177. When a company is wound up voluntarily, the company shall, from the commencement of the winding-up, cease to carry on its business, except so far as may be required for the beneficial winding-up thereof: Page 100 Page 101
Baseline (Original)
2100 Powers of court cumulative. No. 58 of 1911. COMPANIES. 172. Any powers by this Ordinance conferred on the court shall be in addition to and not in restriction of any existing powers of instituting proceedings against any con- c. 69, s. 177. tributory or debtor of the company, or the estate of any contributory or debtor for the call or other sums, 8 Edw. 7, Power to en- force orders. 8 Edw. 7, c. 69, s. 178. Appeals from order. 8 Edw. 7, Enforcement of and appeal from orders. 173. Orders made by the court under this Ordinance may be enforced in the same manner as orders made in any action pending therein. 174. Subject to rules of court, an appeal from any order or decision made or given in the winding-up of a company e. 69, s. 181. by the court under this Ordinance shall lie in the same manner and subject to the same conditions as an appeal from any order or decision of the court in cases within its original jurisdiction; subject to this restriction that no such appeal shall be heard unless notice of the same is filed with- in fourteen days from the date of the order or decision complained of, unless such time is extended by the Full Court. Circum- stances in which com- pany may be wound up voluntarily. Voluntary winding-up. 175. A company may be wound up voluntarily (1) when the period (if any) fixed for the duration of the company by the articles expires, or the event (if any) occurs, on the occurrence of which the articles provide that the c. 69, 182. company is to be dissolved, and the company in general meeting has passed a resolution requiring the company to be wound up voluntarily ; 8 Edw. 7, Commence- ment of voluntary (2) if the company resolves by special resolution that the company be wound up voluntarily; (3) if the company resolves by extraordinary resolution to the effect that it cannot by reason of its liabilities continue its business, and that it is advisable to wind up. 176. A voluntary winding-up shall be deemed to com- mence at the time of the passing of the resolution authoris- winding-up. ing the winding-up. 8 Edw. 7. c. 69, s. 183. Effect of voluntary winding-up on status of company. 8 Edw. 7, c. 69, s. 184. 177. When a company is wound up voluntarily, the com- pany shall, from the commencement of the winding-up, cease to carry on its business, except so far as may be required for the beneficial winding-up thereof: Page 100Page 101
2026-05-03 08:42:06 · Baseline
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2100

Powers of

court cumulative.

No. 58 of 1911.

COMPANIES.

172. Any powers by this Ordinance conferred on the court shall be in addition to and not in restriction of any existing powers of instituting proceedings against any con- c. 69, s. 177. tributory or debtor of the company, or the estate of any

contributory or debtor for the call or other sums,

8 Edw. 7,

Power to en-

force orders.

8 Edw. 7,

c. 69, s. 178.

Appeals

from order. 8 Edw. 7,

Enforcement of and appeal from orders.

173. Orders made by the court under this Ordinance may be enforced in the same manner as orders made in any action pending therein.

174. Subject to rules of court, an appeal from any order or decision made or given in the winding-up of a company e. 69, s. 181. by the court under this Ordinance shall lie in the same manner and subject to the same conditions as an appeal from any order or decision of the court in cases within its original jurisdiction; subject to this restriction that no such appeal shall be heard unless notice of the same is filed with- in fourteen days from the date of the order or decision complained of, unless such time is extended by the Full Court.

Circum-

stances in which com-

pany may be wound up voluntarily.

Voluntary winding-up.

175. A company may be wound up voluntarily

(1) when the period (if any) fixed for the duration of the company by the articles expires, or the event (if any) occurs, on the occurrence of which the articles provide that the c. 69, 182. company is to be dissolved, and the company in general meeting has passed a resolution requiring the company to be wound up voluntarily ;

8 Edw. 7,

Commence- ment of voluntary

(2) if the company resolves by special resolution that the company be wound up voluntarily;

(3) if the company resolves by extraordinary resolution to the effect that it cannot by reason of its liabilities continue its business, and that it is advisable to wind up.

176. A voluntary winding-up shall be deemed to com- mence at the time of the passing of the resolution authoris- winding-up. ing the winding-up.

8 Edw. 7.

c. 69, s. 183. Effect of voluntary winding-up

on status of company. 8 Edw. 7,

c. 69, s. 184.

177. When a company is wound up voluntarily, the com- pany shall, from the commencement of the winding-up, cease to carry on its business, except so far as may be required for the beneficial winding-up thereof:

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