2084
Actions stayed on winding-up order.
No. 58 of 1911.
COMPANIES.
137. When a winding-up order has been made, no action or proceeding shall be proceeded with or commenced against the company except by leave of the court, and subject to c. 69, s. 142, such terms as the court may impose.
8 Edw. 7,
Copy of order to be forwarded to Registrar of Companies.
138. On the making of a winding-up order, a copy of the order must forthwith be forwarded by the company to the Registrar of Companies, who shall make a minute thereof in his books relating to the company.
8 Edw. 7, c. 69, s. 143.
Power of court to stay winding-up.
8 Edw. 7, c. 69, s. 144.
Court may have regard to wishes of creditors or contributories.
139. The court may at any time after an order for winding-up, on the application of any creditor or contributory, and on proof to the satisfaction of the court that all proceedings in relation to the winding-up ought to be stayed, make an order staying the proceedings, either altogether or for a limited time, on such terms and conditions as the court thinks fit.
140. The court may, as to all matters relating to a winding-up, have regard to the wishes of the creditors or contributories as proved to it by any sufficient evidence.
8 Edw. 7, c. 69, s. 145.
Definition of Official Receiver.
8 Edw. 7, c. 69, s. 146.
Official Receiver.
141. (1) For the purposes of this Ordinance so far as it relates to the winding-up of companies, "Official Receiver" shall mean the Official Receiver, if any, attached to the court for bankruptcy purposes, or, if there is more than one such Official Receiver, then such one of them as the Governor may appoint, or, if there is no such Official Receiver, then an officer appointed for the purpose by the Governor.
(2) For the purposes of this Ordinance, so far as it relates to the winding-up of China companies or Hongkong China companies by or under the supervision of the Supreme Court for China, and so far as it relates to the voluntary winding-up of China companies and Hongkong China companies by liquidators appointed to act within the limits of the China Orders in Council, "Official Receiver" shall mean any person appointed in that behalf by the judge of the Supreme Court for China.
(3) Any such officer shall for the purpose of his duties under this Ordinance be styled the Official Receiver.
* As amended by No. 31 of 1915, No. 12 of 1921 and Law Rev. Ord., 1924.
2084
Actions stayed on winding-up order.
No. 58 of 1911.
COMPANIES.
137. When a winding-up order has been made, no action or proceeding shall be proceeded with or commenced against the company except by leave of the court, and subject to c. 69, s. 142. such terms as the court may impose.
8 Edw. 7,
Copy of order to be
forwarded to
138. On the making of a winding-up order, a copy of the order must forthwith be forwarded by the company to the Registrar of Companies, who shall make a minute thereof in of Companies, his books relating to the company.
Registrar
8 Edw. 7,
c. 69, s. 143.
Power of
court to stay
winding-up. 8 Edw. 7,
c. 69, s. 144.
Court may
have regard
139. The court may at any time after an order for wind- ing-up, on the application of any creditor or contributory, and on proof to the satisfaction of the court that all proceed- ings in relation to the winding-up ought to be stayed, make an order staying the proceedings, either altogether or for a limited time, on such terms and conditions as the court thinks fit.
140. The court may, as to all matters relating to a to wishes of winding-up, have regard to the wishes of the creditors or
contributories as proved to it by any sufficient evidence.
creditors or
contribu-
tories. 8 Edw. 7,
c. 69, s. 145.
Definition of Official
Receiver.
8 Edw. 7,
Official Receiver.
141. (1) For the purposes of this Ordinance so far as it relates to the winding-up of companies, "Official Receiver" shall mean the Official Receiver, if any, attached to the court c. 69, s. 146. for bankruptcy purposes, or, if there is more than one such Official Receiver, then such one of them as the Governor may appoint, or, if there is no such Official Receiver, then an officer appointed for the purpose by the Governor.
*
(2) For the purposes of this Ordinance, so far as it relates to the winding-up of China companies or Hongkong China companies by or under the supervision of the Supreme Court for China, and so far as it relates to the voluntary winding-up of China companies and Hongkong China com- panies by liquidators appointed to act within the limits of the China Orders in Council, "Official Receiver" shall mean any person appointed in that behalf by the judge of the Supreme Court for China.
(3) Any such officer shall for the purpose of his duties under this Ordinance be styled the Official Receiver.
* As amended by No. 31 of 1915, No. 12 of 1921 and Law Rev. Ord., 1924.
No comments yet.
Private notes are available after approval.