1950_COMPANIES_(WINDING-UP)_RULES — Page 39

HK Historical Laws 香港歷史法例 All AI Reviewed

Companies.

for, and which is overdue at the date of the commencement of the winding up, the creditor may prove for interest at a rate not exceeding eight per cent per annum to that date from the time when the debt or sum was payable, if the debt or sum is payable by virtue of a written instrument at a certain time, and if payable otherwise, then from the time when a demand in writing has been made, giving notice that interest will be claimed from the date of the demand until the time of payment.

89. A creditor may prove for a debt not payable at the date of the winding-up order or resolution, as if it were payable presently, and may receive dividends equally with the other creditors, deducting only thereout a rebate of interest at the rate of eight per cent per annum computed from the declaration of a dividend to the time when the debt would have become payable according to the terms on which it was contracted.

[CAP. 32

Proof debt payable at a future time.

90. In any case in which it appears that there are numerous claims for wages by workmen and others employed by the company, it shall be sufficient if one proof for all such claims is made either by a foreman or by some other person on behalf of all such creditors. Such proof shall have annexed thereto as forming part thereof, a schedule setting forth the names of the workmen and others, and the amounts severally due to them. Any proof made in compliance with this rule shall have the same effect as if separate proofs had been made by each of the said workmen and others.

91. Where a creditor seeks to prove in respect of a bill of exchange, promissory note, or other negotiable instrument or security on which the company is liable, such bill of exchange, note, instrument, or security must, subject to any special order of the court made to the contrary, be produced to the Official Receiver, chairman of a meeting or liquidator, as the case may be, and be marked by him before the proof can be admitted either for voting or for any purpose.

92. Where a liquidator is appointed in a winding up by the court, all proofs of debts that have been received by the Official Receiver shall be handed over to the liquidator,

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Companies. for, and which is overdue at the date of the commencement of the winding up, the creditor may prove for interest at a rate not exceeding eight per cent per annum to that date from the time when the debt or sum was payable, if the debt or sum is payable by virtue of a written instrument at a certain time, and if payable otherwise, then from the time when a demand in writing has been made, giving notice that interest will be claimed from the date of the demand until the time of payment. 89. A creditor may prove for a debt not payable at the date of the winding-up order or resolution, as if it were payable presently, and may receive dividends equally with the other creditors, deducting only thereout a rebate of interest at the rate of eight per cent per annum computed from the declaration of a dividend to the time when the debt would have become payable according to the terms on which it was contracted. [CAP. 32 Proof debt payable at a future time. 90. In any case in which it appears that there are numerous claims for wages by workmen and others employed by the company, it shall be sufficient if one proof for all such claims is made either by a foreman or by some other person on behalf of all such creditors. Such proof shall have annexed thereto as forming part thereof, a schedule setting forth the names of the workmen and others, and the amounts severally due to them. Any proof made in compliance with this rule shall have the same effect as if separate proofs had been made by each of the said workmen and others. 91. Where a creditor seeks to prove in respect of a bill of exchange, promissory note, or other negotiable instrument or security on which the company is liable, such bill of exchange, note, instrument, or security must, subject to any special order of the court made to the contrary, be produced to the Official Receiver, chairman of a meeting or liquidator, as the case may be, and be marked by him before the proof can be admitted either for voting or for any purpose. 92. Where a liquidator is appointed in a winding up by the court, all proofs of debts that have been received by the Official Receiver shall be handed over to the liquidator, 73
Baseline (Original)
Companies. for, and which is overdue at the date of the commencement of the winding up, the creditor may prove for interest at a rate not exceeding eight per cent per annum to that date from the time when the debt or sum was payable, if the debt or sum is payable by virtue of a written instrument at a certain time, and if payable otherwise, then from the time. when a demand in writing has been made, giving notice that interest will be claimed from the date of the demand until the time of payment. 89. A creditor may prove for a debt not payable at the date of the winding-up order or resolution, as if it were pay- able presently, and may receive dividends equally with the other creditors, deducting only thereout a rebate of interest at the rate of eight per cent per annum computed from the declaration of a dividend to the time when the debt would have become payable according to the terms on which it was contracted. [CAP. 32 for Proof debt payable at a future R. 99. time. wages. 90. In any case in which it appears that there are Workmen's numerous claims for wages by workmen and others employ- R. 101. ed by the company, it shall be sufficient if one proof for all Form 64. such claims is made either by a foreman or by some other person on behalf of all such creditors. Such proof shall have annexed thereto as forming part thereof, a schedule setting forth the names of the workmen and others, and the amounts severally due to them. Any proof made in com- pliance with this rule shall have the same effect as if separate proofs had been made by each of the said work- men and others. of bills of and notes. 91. Where a creditor seeks to prove in respect of a bill Production of exchange, promissory note, or other negotiable instru- exchange ment or security on which the company is liable, such bill promissory of exchange, note, instrument, or security must, subject to R. 102. any special order of the court made to the contrary, be pro- duced to the Official Receiver, chairman of a meeting or liquidator, as the case may be, and be marked by him before the proof can be admitted either for voting or for any purpose. of proofs to 92. Where a liquidator is appointed in a winding up Transmission by the court, all proofs of debts that have been received by liquidator. the Official Receiver shall be handed over to the liquidator, R. 103. 73
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Companies.

for, and which is overdue at the date of the commencement of the winding up, the creditor may prove for interest at a rate not exceeding eight per cent per annum to that date from the time when the debt or sum was payable, if the debt or sum is payable by virtue of a written instrument at a certain time, and if payable otherwise, then from the time. when a demand in writing has been made, giving notice that interest will be claimed from the date of the demand until the time of payment.

89. A creditor may prove for a debt not payable at the date of the winding-up order or resolution, as if it were pay- able presently, and may receive dividends equally with the other creditors, deducting only thereout a rebate of interest at the rate of eight per cent per annum computed from the declaration of a dividend to the time when the debt would have become payable according to the terms on which it was contracted.

[CAP. 32

for

Proof debt payable at a future R. 99.

time.

wages.

90. In any case in which it appears that there are Workmen's numerous claims for wages by workmen and others employ- R. 101. ed by the company, it shall be sufficient if one proof for all Form 64. such claims is made either by a foreman or by some other person on behalf of all such creditors. Such proof shall have annexed thereto as forming part thereof, a schedule setting forth the names of the workmen and others, and the amounts severally due to them. Any proof made in com- pliance with this rule shall have the same effect as if separate proofs had been made by each of the said work- men and others.

of bills of

and

notes.

91. Where a creditor seeks to prove in respect of a bill Production of exchange, promissory note, or other negotiable instru- exchange ment or security on which the company is liable, such bill promissory of exchange, note, instrument, or security must, subject to R. 102. any special order of the court made to the contrary, be pro- duced to the Official Receiver, chairman of a meeting or liquidator, as the case may be, and be marked by him before the proof can be admitted either for voting or for any purpose.

of proofs to

92. Where a liquidator is appointed in a winding up Transmission by the court, all proofs of debts that have been received by liquidator. the Official Receiver shall be handed over to the liquidator, R. 103.

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