1923_COMPANIES_ORDINANCE__1911 — Page 88

HK Historical Laws 香港歷史法例 All AI Reviewed

2088

No. 58 of 1911.

COMPANIES.

[s. 146 contd.] obtained before the employment, except in cases of urgency, and in those cases it must be shown that no undue delay took place in obtaining the sanction.

The sanction given for the purpose of this sub-section shall not be a general sanction to do all or any of the above-mentioned things, but shall only be a sanction to do the particular thing or things for which permission is sought.

(2) The liquidator in a winding-up by the court shall have power-

(a) to sell the real and personal property, and things in action of the company by public auction or private contract, with power to transfer the whole thereof to any person or company, or to sell the same in parcels;

(b) to do all acts and to execute, in the name and on behalf of the company, all deeds, receipts, and other documents, and for that purpose to use, when necessary, the company's seal;

(c) to prove, rank, and claim in the bankruptcy, insolvency, or sequestration of any contributory, for any balance against his estate, and to receive dividends in the bankruptcy, insolvency, or sequestration in respect of that balance, as a separate debt due from the bankrupt or insolvent, and rateably with the other separate creditors;

(d) to draw, accept, make, and indorse any bill of exchange or promissory note in the name and on behalf of the company, with the same effect with respect to the liability of the company as if the bill or note had been drawn, accepted, made, or indorsed by or on behalf of the company, in the course of its business;

(e) to raise on the security of the assets of the company any money requisite;

(f) to take out, in his official name, letters of administration to any deceased contributory, and to do in his official name any other act necessary for obtaining payment of any money due from a contributory or his estate which cannot be conveniently done in the name of the company; and in all such cases the money due shall, for the purpose of enabling the liquidator to take out the letters of administration or recover the money, be deemed to be due to the liquidator himself;

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2088 No. 58 of 1911. COMPANIES. [s. 146 contd.] obtained before the employment, except in cases of urgency, and in those cases it must be shown that no undue delay took place in obtaining the sanction. The sanction given for the purpose of this sub-section shall not be a general sanction to do all or any of the above-mentioned things, but shall only be a sanction to do the particular thing or things for which permission is sought. (2) The liquidator in a winding-up by the court shall have power- (a) to sell the real and personal property, and things in action of the company by public auction or private contract, with power to transfer the whole thereof to any person or company, or to sell the same in parcels; (b) to do all acts and to execute, in the name and on behalf of the company, all deeds, receipts, and other documents, and for that purpose to use, when necessary, the company's seal; (c) to prove, rank, and claim in the bankruptcy, insolvency, or sequestration of any contributory, for any balance against his estate, and to receive dividends in the bankruptcy, insolvency, or sequestration in respect of that balance, as a separate debt due from the bankrupt or insolvent, and rateably with the other separate creditors; (d) to draw, accept, make, and indorse any bill of exchange or promissory note in the name and on behalf of the company, with the same effect with respect to the liability of the company as if the bill or note had been drawn, accepted, made, or indorsed by or on behalf of the company, in the course of its business; (e) to raise on the security of the assets of the company any money requisite; (f) to take out, in his official name, letters of administration to any deceased contributory, and to do in his official name any other act necessary for obtaining payment of any money due from a contributory or his estate which cannot be conveniently done in the name of the company; and in all such cases the money due shall, for the purpose of enabling the liquidator to take out the letters of administration or recover the money, be deemed to be due to the liquidator himself;
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2088 No. 58 of 1911. COMPANIES. [s, 146 contd.] obtained before the employment, except in cases of urgency, and in those cases it must be shown that no undue delay took place in obtaining the sanction. The sanction given for the purpose of this sub-section shall not be a general sanction to do all or any of the above- mentioned things, but shall only be a sanction to do the particular thing or things for which permission is sought. (2) The liquidator in a winding-up by the court shall have power- (a) to sell the real and personal property, and things in action of the company by public auction or private contract, with power to transfer the whole thereof to any person or company, or to sell the same in parcels; (b) to do all acts and to execute, in the name and on behalf of the company, all deeds, receipts, and other documents, and for that purpose to use, when necessary, the company's seal; (e) to prove, rank, and claim in the bankruptcy, insolvency, or sequestration of any contributory, for any balance against his estate, and to receive dividends in the bankruptcy, insolvency, or sequestration in respect of that balance, as a separate debt due from the bankrupt or insolvent, and rate- ably with the other separate creditors; (d) to draw, accept, make, and indorse any bill of exchange or promissory note in the name and on behalf of the company, with the same effect with respect to the liability of the company as if the bill or note had been drawn, accepted, made, or indorsed by or on behalf of the company, in the course of its business (e) to raise on the security of the assets of the company any money requisite ; (f) to take out, in his official name, letters of administra- tion to any deceased contributory, and to do in his official name any other act necessary for obtaining payment of any money due from a contributory or his estate which cannot be conveniently done in the name of the company; and in all such cases the money due shall, for the purpose of enabling the liquidator to take out the letters of administra- tion or recover the money, be deemed to be due to the liquidator himself; T ! 1
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2088

No. 58 of 1911.

COMPANIES.

[s, 146 contd.] obtained before the employment, except in cases of urgency, and in those cases it must be shown that no undue delay took place in obtaining the sanction.

The sanction given for the purpose of this sub-section shall not be a general sanction to do all or any of the above- mentioned things, but shall only be a sanction to do the particular thing or things for which permission is sought.

(2) The liquidator in a winding-up by the court shall have

power-

(a) to sell the real and personal property, and things in action of the company by public auction or private contract, with power to transfer the whole thereof to any person or company, or to sell the same in parcels;

(b) to do all acts and to execute, in the name and on behalf of the company, all deeds, receipts, and other documents, and for that purpose to use, when necessary, the company's seal;

(e) to prove, rank, and claim in the bankruptcy, insolvency, or sequestration of any contributory, for any balance against his estate, and to receive dividends in the bankruptcy, insolvency, or sequestration in respect of that balance, as a separate debt due from the bankrupt or insolvent, and rate- ably with the other separate creditors;

(d) to draw, accept, make, and indorse any bill of exchange or promissory note in the name and on behalf of the company, with the same effect with respect to the liability of the company as if the bill or note had been drawn, accepted, made, or indorsed by or on behalf of the company, in the course of its business

(e) to raise on the security of the assets of the company any money requisite ;

(f) to take out, in his official name, letters of administra- tion to any deceased contributory, and to do in his official name any other act necessary for obtaining payment of any money due from a contributory or his estate which cannot be conveniently done in the name of the company; and in all such cases the money due shall, for the purpose of enabling the liquidator to take out the letters of administra- tion or recover the money, be deemed to be due to the liquidator himself;

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