1923_COMPANIES_ORDINANCE__1911 — Page 132

HK Historical Laws 香港歷史法例 All AI Reviewed

2132

Actions stayed on winding-up order.

No. 58 of 1911.

COMPANIES

249. Where an order has been made for winding up an unregistered company, no action or proceeding shall be proceeded with or commenced against any contributory of the company in respect of any debt of the company, except by leave of the court, and subject to such terms as the court may impose.

8 Edw. 7, c. s.

Directions as to property in certain cases.

8 Edw. 7,

250. If an unregistered company has no power to sue and be sued in a common name, or if for any reason it appears expedient, the court may by the winding-up order, or by any subsequent order, direct that all or any part of the property, real and personal (including things in action), belonging to the company, or to trustees on its behalf, is to vest in the liquidator by his official name, and thereupon the property or the part thereof specified in the order shall vest accordingly; and the liquidator may, after giving such indemnity (if any) as the court may direct, bring or defend in his official name any action or other legal proceeding relating to that property, or necessary to be brought or defended for the purposes of effectually winding up the company and recovering its property.

Provisions of Part VIII of Ordinance cumulative.

8 Edw. 7,

251. The provisions of this Part with respect to unregistered companies shall be in addition to and not in restriction of any provisions hereinbefore in this Ordinance contained with respect to winding up companies by the court, and the court or liquidator may exercise any powers or do any act in the case of unregistered companies which might be exercised or done by it or him in winding up companies formed and registered under this Ordinance; but an unregistered company shall not, except in the event of its being wound up, be deemed to be a company under this Ordinance, and then only to the extent provided by this Part.

Requirements as to companies established outside the Colony.

8 Edw. 7. c. 69, s. 274.

PART IX.

COMPANIES ESTABLISHED OUTSIDE THE COLONY,

252.-(1) Every company incorporated outside the Colony which shall establish a place of business within the Colony, shall within one month from the establishment of the place of business file with the Registrar of Companies-

* As amended by Law Rev. Ord., 1924.

† As amended by No. 12 of 1921 and Law Rev. Ord., 1924.

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2132 Actions stayed on winding-up order. No. 58 of 1911. COMPANIES 249. Where an order has been made for winding up an unregistered company, no action or proceeding shall be proceeded with or commenced against any contributory of the company in respect of any debt of the company, except by leave of the court, and subject to such terms as the court may impose. 8 Edw. 7, c. s. Directions as to property in certain cases. 8 Edw. 7, 250. If an unregistered company has no power to sue and be sued in a common name, or if for any reason it appears expedient, the court may by the winding-up order, or by any subsequent order, direct that all or any part of the property, real and personal (including things in action), belonging to the company, or to trustees on its behalf, is to vest in the liquidator by his official name, and thereupon the property or the part thereof specified in the order shall vest accordingly; and the liquidator may, after giving such indemnity (if any) as the court may direct, bring or defend in his official name any action or other legal proceeding relating to that property, or necessary to be brought or defended for the purposes of effectually winding up the company and recovering its property. Provisions of Part VIII of Ordinance cumulative. 8 Edw. 7, 251. The provisions of this Part with respect to unregistered companies shall be in addition to and not in restriction of any provisions hereinbefore in this Ordinance contained with respect to winding up companies by the court, and the court or liquidator may exercise any powers or do any act in the case of unregistered companies which might be exercised or done by it or him in winding up companies formed and registered under this Ordinance; but an unregistered company shall not, except in the event of its being wound up, be deemed to be a company under this Ordinance, and then only to the extent provided by this Part. Requirements as to companies established outside the Colony. 8 Edw. 7. c. 69, s. 274. PART IX. COMPANIES ESTABLISHED OUTSIDE THE COLONY, 252.-(1) Every company incorporated outside the Colony which shall establish a place of business within the Colony, shall within one month from the establishment of the place of business file with the Registrar of Companies- * As amended by Law Rev. Ord., 1924. As amended by No. 12 of 1921 and Law Rev. Ord., 1924.
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2132 Actions stayed on winding-up order. No. 58 of 1911. COMPANIES. 249. Where an order has been made for winding up an unregistered company, no action or proceeding shall be proceeded with or commenced against any contributory of 69,271. the company in respect of any debt of the company, except by leave of the court, and subject to such terms as the court may impose. 8 Edw. 7, c. s. Directions as to property in certain cases. 8 Edw. 7, 250. If an unregistered company has no power to sue and be sued in a common name, or if for any reason it appears expedient, the court may by the winding-up order, or by any 60,272 subsequent order, direct that all or any part of the property, real and personal (including things in action), belonging to the company, or to trustees on its behalf, is to vest in the liquidator by his official name, and thereupon the property or the part thereof specified in the order shall vest accord- ingly; and the liquidator may, after giving such indemnity (if any) as the court may direct, bring or defend in his official name any action or other legal proceeding relating to that property, or necessary to be brought or defended for the purposes of effectually winding up the company and recover- ing its property. Provisions of Part VIII of Ordinance cumulative. 8 Edw. 7, * 251. The provisions of this Part with respect to un- registered companies shall be in addition to and not in restriction of any provisions hereinbefore in this Ordinance c. 69, s. 273. contained with respect to winding up companies by the court, and the court or liquidator may exercise any powers or do any act in the case of unregistered companies which might be exercised or done by it or him in winding up companies formed and registered under this Ordinance; but an unregistered company shall not, except in the event of its being wound up, be deemed to be a company under this Ordinance, and then only to the extent provided by this Part. Require- ments as to companies established outside the Colony. 8 Edw. 7. c. 69, s. 274. t PART IX. COMPANIES ESTABLISHED OUTSIDE THE COLONY, 252.-(1) Every company incorporated outside the Colony which shall establish a place of business within the Colony, shall within one month from the establishment of the place of business file with the Registrar of Companies- * As amended by Law Rev. Ord., 1924. As amended by No. 12 of 1921 and Law Rev. Ord., 1924. ! T
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2132

Actions stayed on winding-up order.

No. 58 of 1911.

COMPANIES.

249. Where an order has been made for winding up an unregistered company, no action or proceeding shall be proceeded with or commenced against any contributory of 69,271. the company in respect of any debt of the company, except by leave of the court, and subject to such terms as the court may impose.

8 Edw. 7,

c. s.

Directions as

to property

in certain

cases.

8 Edw. 7,

250. If an unregistered company has no power to sue and be sued in a common name, or if for any reason it appears expedient, the court may by the winding-up order, or by any 60,272 subsequent order, direct that all or any part of the property, real and personal (including things in action), belonging to the company, or to trustees on its behalf, is to vest in the liquidator by his official name, and thereupon the property or the part thereof specified in the order shall vest accord- ingly; and the liquidator may, after giving such indemnity (if any) as the court may direct, bring or defend in his official name any action or other legal proceeding relating to that property, or necessary to be brought or defended for the purposes of effectually winding up the company and recover- ing its property.

Provisions of Part VIII of

Ordinance

cumulative.

8 Edw. 7,

*

251. The provisions of this Part with respect to un- registered companies shall be in addition to and not in restriction of any provisions hereinbefore in this Ordinance c. 69, s. 273. contained with respect to winding up companies by the court, and the court or liquidator may exercise any powers or do any act in the case of unregistered companies which might be exercised or done by it or him in winding up companies formed and registered under this Ordinance; but an unregistered company shall not, except in the event of its being wound up, be deemed to be a company under this Ordinance, and then only to the extent provided by this Part.

Require-

ments as to companies established outside the Colony. 8 Edw. 7. c. 69, s. 274.

t

PART IX.

COMPANIES ESTABLISHED OUTSIDE THE COLONY, 252.-(1) Every company incorporated outside the Colony which shall establish a place of business within the Colony, shall within one month from the establishment of the place of business file with the Registrar of Companies-

* As amended by Law Rev. Ord., 1924.

† As amended by No. 12 of 1921 and Law Rev. Ord., 1924.

!

T

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