1923_LIFE_INSURANCE_COMPANIES_ORDINANCE__1907 — Page 9

HK Historical Laws 香港歷史法例 All AI Reviewed

1696

c. 61, s. 21.

Ordinances

and 58 of

1911.

No. 11 of 1907. LIFE INSURANCE COMPANIES.

33 & 34 Vict. the company is insolvent; and in determining whether or not the company is insolvent the court shall take into Nos. 1 of 1865 account, upon what it deems, under expert advice, to be the proper bases as to mortality and interest, the value of the contingent and prospective liabilities of the company; but the court shall not hear the petition until security for costs, for such amount as the judge shall think reasonable, shall be given, and until a primâ facie case shall also be established to the satisfaction of the judge; and in the case of a proprietary life insurance company having an uncalled capital of an amount sufficient, with the future premiums receivable by the life insurance company, to make up the actual invested assets equal to the amount of the estimated liabilities, the court shall suspend further proceedings on the petition for a reasonable time (in the discretion of the court), to enable the uncalled capital or a sufficient part thereof to be called up; and if, at the end of the original or any extended time for which the proceedings shall have been suspended, such amount shall not have been realised by means of calls as with the already-invested assets to be equal to the liabilities, an order shall be made on the petition as if the life insurance company had been proved insolvent.

Power of court to reduce contracts.

25. The court, in the case of a company registered as aforesaid which has been proved to be insolvent as aforesaid, may, if it thinks fit, reduce the amount of the contracts of 33 & 34 Vict. the company upon such terms and subject to such conditions as the court thinks just, in place of making a winding-up order.

c. 61, s. 22.

Notices to policy holder.

33 & 34 Vict. c. 61, s. 23.

26. Any notice which is by this Ordinance required to be sent to any policy holder may be addressed and sent to the person to whom notices respecting such policy are usually sent; and any notice so addressed and sent shall be deemed and taken to be notice to the holder of such policy.

Statements, etc., to be laid before Legislative Council.

27. There shall be laid annually before the Legislative Council the statements and abstracts of reports deposited with the Registrar under this Ordinance during the preceding year, although the Registrar may be of opinion that they are not such statements or abstracts as are required to be prepared by this Ordinance.

33 & 34 c. 61, s. 24.

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1696 c. 61, s. 21. Ordinances and 58 of 1911. No. 11 of 1907. LIFE INSURANCE COMPANIES. 33 & 34 Vict. the company is insolvent; and in determining whether or not the company is insolvent the court shall take into Nos. 1 of 1865 account, upon what it deems, under expert advice, to be the proper bases as to mortality and interest, the value of the contingent and prospective liabilities of the company; but the court shall not hear the petition until security for costs, for such amount as the judge shall think reasonable, shall be given, and until a primâ facie case shall also be established to the satisfaction of the judge; and in the case of a proprietary life insurance company having an uncalled capital of an amount sufficient, with the future premiums receivable by the life insurance company, to make up the actual invested assets equal to the amount of the estimated liabilities, the court shall suspend further proceedings on the petition for a reasonable time (in the discretion of the court), to enable the uncalled capital or a sufficient part thereof to be called up; and if, at the end of the original or any extended time for which the proceedings shall have been suspended, such amount shall not have been realised by means of calls as with the already-invested assets to be equal to the liabilities, an order shall be made on the petition as if the life insurance company had been proved insolvent. Power of court to reduce contracts. 25. The court, in the case of a company registered as aforesaid which has been proved to be insolvent as aforesaid, may, if it thinks fit, reduce the amount of the contracts of 33 & 34 Vict. the company upon such terms and subject to such conditions as the court thinks just, in place of making a winding-up order. c. 61, s. 22. Notices to policy holder. 33 & 34 Vict. c. 61, s. 23. 26. Any notice which is by this Ordinance required to be sent to any policy holder may be addressed and sent to the person to whom notices respecting such policy are usually sent; and any notice so addressed and sent shall be deemed and taken to be notice to the holder of such policy. Statements, etc., to be laid before Legislative Council. 27. There shall be laid annually before the Legislative Council the statements and abstracts of reports deposited with the Registrar under this Ordinance during the preceding year, although the Registrar may be of opinion that they are not such statements or abstracts as are required to be prepared by this Ordinance. 33 & 34 c. 61, s. 24.
Baseline (Original)
1696 c. 61, s. 21. Ordinances and 58 of 1911. No. 11 of 1907. LIFE INSURANCE COMPANIES. 33 & 34 Vict. the company is insolvent; and in determining whether or not the company is insolvent the court shall take into Nos. 1 of 1865 account, upon what it deems, under expert advice, to be the proper bases as to mortality and interest, the value of the contingent and prospective liabilities of the company; but the court shall not hear the petition until security for costs, for such amount as the judge shall think reasonable, shall be given, and until a primâ facie case shall also be established to the satisfaction of the judge; and in the case of a proprietary life insurance company having an uncalled capital of an amount sufficient, with the future premiums receivable by the life insurance company, to make up the actual invested assets equal to the amount of the estimated liabilities, the court shall suspend further proceedings on the petition for a reasonable time (in the discretion of the court), to enable the uncalled capital or a sufficient part thereof to be called up; and if, at the end of the original or any extended time for which the proceedings shall have been suspended, such amount shall not have been realised by means of calls as with the already-invested assets to be equal to the liabilities, an order shall be made on the petition as if the life insurance company had been proved insolvent. Power of court to roduce con- tracts. 25. The court, in the case of a company registered as aforesaid which has been proved to be insolvent as aforesaid, may, if it thinks fit, reduce the amount of the contracts of 33 & 34 Vict. the company upon such terms and subject to such conditions as the court thinks just, in place of making a winding-up order. c. 61, s. 22. Notices to 33 & 34 Vict. c. 61, s. 23. 26. Any notice which is by this Ordinance required to policy holder. be sent to any policy holder may be addressed and sent to the person to whom notices respecting such policy are usually sent; and any notice so addressed and sent shall be deemed and taken to be notice to the holder of such policy. Statements, etc., to be laid before Legislative 27. There shall be laid annually before the Legislative Council the statements and abstracts of reports deposited with the Registrar under this Ordinance during the preceding Council. Vict. year, although the Registrar may be of opinion that they are not such statements or abstracts as are required to be prepared by this Ordinance. 33 & 34 c. 61, s. 24.
2026-05-03 09:52:43 · Baseline
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1696

c. 61, s. 21.

Ordinances

and 58 of

1911.

No. 11 of 1907. LIFE INSURANCE COMPANIES.

33 & 34 Vict. the company is insolvent; and in determining whether or not the company is insolvent the court shall take into Nos. 1 of 1865 account, upon what it deems, under expert advice, to be the proper bases as to mortality and interest, the value of the contingent and prospective liabilities of the company; but the court shall not hear the petition until security for costs, for such amount as the judge shall think reasonable, shall be given, and until a primâ facie case shall also be established to the satisfaction of the judge; and in the case of a proprietary life insurance company having an uncalled capital of an amount sufficient, with the future premiums receivable by the life insurance company, to make up the actual invested assets equal to the amount of the estimated liabilities, the court shall suspend further proceedings on the petition for a reasonable time (in the discretion of the court), to enable the uncalled capital or a sufficient part thereof to be called up; and if, at the end of the original or any extended time for which the proceedings shall have been suspended, such amount shall not have been realised by means of calls as with the already-invested assets to be equal to the liabilities, an order shall be made on the petition as if the life insurance company had been proved insolvent.

Power of court to

roduce con- tracts.

25. The court, in the case of a company registered as aforesaid which has been proved to be insolvent as aforesaid, may, if it thinks fit, reduce the amount of the contracts of 33 & 34 Vict. the company upon such terms and subject to such conditions as the court thinks just, in place of making a winding-up order.

c. 61, s. 22.

Notices to

33 & 34 Vict. c. 61, s. 23.

26. Any notice which is by this Ordinance required to policy holder. be sent to any policy holder may be addressed and sent to the person to whom notices respecting such policy are usually sent; and any notice so addressed and sent shall be deemed and taken to be notice to the holder of such policy.

Statements, etc., to be laid before

Legislative

27. There shall be laid annually before the Legislative Council the statements and abstracts of reports deposited with the Registrar under this Ordinance during the preceding Council. Vict. year, although the Registrar may be of opinion that they are not such statements or abstracts as are required to be prepared by this Ordinance.

33 & 34 c. 61, s. 24.

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