1950_BANKRUPTCY_RULES — Page 34

HK Historical Laws 香港歷史法例 All AI Reviewed

CAP. 6]

Bankruptcy.

[r. 133 cont.] declaration or petition shall be accompanied by an affidavit made by the partner who signs the declaration or petition, showing that all the partners concur in the filing of the same : Provided that the court may dispense with proof of the concurrence of any partner if it has been impracticable to obtain his concurrence in time.

Creditor's petition by firm.

Creditor's petition against firm.

Petition by limited partnership.

[cf. R283.]

(Cap. 37).

Statement of affairs.

R287.

First meeting.

R291.

Acceptance of composition, etc., by joint and separate creditors.

R292.

Voting on composition.

R293.

134. A creditor's petition in the firm name may be presented by any partner of the firm, or in the absence of all the partners from the Colony, by any person having the control or management of the business of the firm.

135. Where a petition is filed against a firm the petitioning creditor, or if the petitioning creditor is a firm then one of the partners therein, shall state on affidavit the names and addresses of all the partners in the debtor firm to the best of his information and belief.

136. A limited partnership registered under the Limited Partnerships Ordinance, may present a petition in bankruptcy as creditors in the name of the firm. The petition shall be signed by a partner or, in the absence of all the partners from the Colony, by any person having the control or management of the firm.

137. In cases of partnership the debtors shall submit a statement of their partnership affairs and each debtor shall submit a statement of his separate affairs.

138. Where a receiving order is made against a firm the joint and separate creditors shall collectively be convened to the first meeting of creditors.

139. The joint creditors, and each set of separate creditors, may severally accept compositions or schemes of arrangement. So far as circumstances allow, a proposal accepted by joint creditors may be approved in the prescribed manner, notwithstanding that the proposals or proposal of some or one of the debtors made to their or his separate creditors may not be accepted.

140. Where proposals for compositions or schemes are made by a firm, and by the partners therein individually, the proposal made to the joint creditors shall be considered and

394

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CAP. 6] Bankruptcy. [r. 133 cont.] declaration or petition shall be accompanied by an affidavit made by the partner who signs the declaration or petition, showing that all the partners concur in the filing of the same : Provided that the court may dispense with proof of the concurrence of any partner if it has been impracticable to obtain his concurrence in time. Creditor's petition by firm. Creditor's petition against firm. Petition by limited partnership. [cf. R283.] (Cap. 37). Statement of affairs. R287. First meeting. R291. Acceptance of composition, etc., by joint and separate creditors. R292. Voting on composition. R293. 134. A creditor's petition in the firm name may be presented by any partner of the firm, or in the absence of all the partners from the Colony, by any person having the control or management of the business of the firm. 135. Where a petition is filed against a firm the petitioning creditor, or if the petitioning creditor is a firm then one of the partners therein, shall state on affidavit the names and addresses of all the partners in the debtor firm to the best of his information and belief. 136. A limited partnership registered under the Limited Partnerships Ordinance, may present a petition in bankruptcy as creditors in the name of the firm. The petition shall be signed by a partner or, in the absence of all the partners from the Colony, by any person having the control or management of the firm. 137. In cases of partnership the debtors shall submit a statement of their partnership affairs and each debtor shall submit a statement of his separate affairs. 138. Where a receiving order is made against a firm the joint and separate creditors shall collectively be convened to the first meeting of creditors. 139. The joint creditors, and each set of separate creditors, may severally accept compositions or schemes of arrangement. So far as circumstances allow, a proposal accepted by joint creditors may be approved in the prescribed manner, notwithstanding that the proposals or proposal of some or one of the debtors made to their or his separate creditors may not be accepted. 140. Where proposals for compositions or schemes are made by a firm, and by the partners therein individually, the proposal made to the joint creditors shall be considered and 394
Baseline (Original)
CAP. 6] Bankruptcy. [r. 133 cont.] declaration or petition shall be accompanied by an affidavit made by the partner who signs the declaration or petition, showing that all the partners concur in the filing of the same : Provided that the court may dispense with proof of the con- currence of any partner if it has been impracticable to obtain his concurrence in time. Creditor's petition by firm. Creditor's petition against firm. Petition by limited partnership. [cf. R283.] (Cap. 37). Statement of affairs. R287. First meeting. R291. Acceptance of composi- tion, etc.. by joint and separate creditors. R292. Voting on composition. . R293. 134. A creditor's petition in the firm name may be presented by any partner of the firm, or in the absence of all the partners from the Colony, by any person having the control or management of the business of the firm. 135. Where a petition is filed against a firm the petition- ing creditor, or if the petitioning creditor is a firm then one of the partners therein, shall state on affidavit the names and addresses of all the partners in the debtor firm to the best of his information and belief. 136. A limited partnership registered under the Limited Partnerships Ordinance, may present a petition in bank- ruptcy as creditors in the name of the firm. The petition shall be signed by a partner or, in the absence of all the partners from the Colony, by any person having the control or management of the firm. 137. In cases of partnership the debtors shall submit a statement of their partnership affairs and each debtor shall submit a statement of his separate affairs. 138. Where a receiving order is made against a firm the joint and separate creditors shall collectively be convened to the first meeting of creditors. 139. The joint, creditors, and each set of separate creditors, may severally accept compositions or schemes of arrangement. So far as circumstances allow, a proposal accepted by joint creditors may be approved in the prescribed manner, notwithstanding that the proposals or proposal of some or one of the debtors made to their or his separate creditors may not be accepted. 140. Where proposals for compositions or schemes are made by a firm, and by the partners therein individually, the proposal made to the joint creditors shall be considered and 394
2026-05-03 17:30:42 · Baseline
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CAP. 6]

Bankruptcy.

[r. 133 cont.] declaration or petition shall be accompanied by an affidavit made by the partner who signs the declaration or petition, showing that all the partners concur in the filing of the same : Provided that the court may dispense with proof of the con- currence of any partner if it has been impracticable to obtain his concurrence in time.

Creditor's petition by firm.

Creditor's petition against firm.

Petition by limited partnership.

[cf. R283.]

(Cap. 37).

Statement of affairs.

R287.

First meeting.

R291.

Acceptance of composi- tion, etc.. by joint and separate creditors.

R292.

Voting on composition. .

R293.

134. A creditor's petition in the firm name may be presented by any partner of the firm, or in the absence of all the partners from the Colony, by any person having the control or management of the business of the firm.

135. Where a petition is filed against a firm the petition- ing creditor, or if the petitioning creditor is a firm then one of the partners therein, shall state on affidavit the names and addresses of all the partners in the debtor firm to the best of his information and belief.

136. A limited partnership registered under the Limited Partnerships Ordinance, may present a petition in bank- ruptcy as creditors in the name of the firm. The petition shall be signed by a partner or, in the absence of all the partners from the Colony, by any person having the control or management of the firm.

137. In cases of partnership the debtors shall submit a statement of their partnership affairs and each debtor shall submit a statement of his separate affairs.

138. Where a receiving order is made against a firm the joint and separate creditors shall collectively be convened to the first meeting of creditors.

139. The joint, creditors, and each set of separate creditors, may severally accept compositions or schemes of arrangement. So far as circumstances allow, a proposal accepted by joint creditors may be approved in the prescribed manner, notwithstanding that the proposals or proposal of some or one of the debtors made to their or his separate creditors may not be accepted.

140. Where proposals for compositions or schemes are made by a firm, and by the partners therein individually, the proposal made to the joint creditors shall be considered and

394

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