1950_COMPANIES_ORDINANCE — Page 112

HK Historical Laws 香港歷史法例 All AI Reviewed

CAP. 32]

[s. 167 cont.]

Companies.

members of the company, made after the commencement of

19 & 20 Geo. 5. the winding up, shall, unless the court otherwise orders, be

c. 23, s. 173.

Avoidance

of attach- ments, &c.

19 & 20 Geo. 5,

c. 23, s. 174.

Commence- ment of

winding up

by the court.

19 & 20 Geo. 5,

c. 23, s. 175.

Copy of

order to be forwarded

to Registrar.

void.

*

[168

168. Where any company is being wound up by the court, any attachment, sequestration, distress, or execution put in force against the estate or effects of the company after the commencement of the winding up shall be void to all intents.

Commencement of Winding Up.

[169

169. (1) Where before the presentation of a petition for the winding up of a company by the court a resolution has been passed by the company for voluntary winding up, the winding up of the company shall be deemed to have commenced at the time of the passing of the resolution, and unless the court, on proof of fraud or mistake, thinks fit otherwise to direct, all proceedings taken in the voluntary winding up shall be deemed to have been validly taken.

(2) In any other case, the winding up of a company by the court shall be deemed to commence at the time of the presentation of the petition for the winding up.

Consequences of Winding-up Order.

[170

170. On the making of a winding-up order, a copy of the order must forthwith be forwarded by the company, or

19 & 20 Geo. 5, otherwise as may be prescribed, to the Registrar, who shall make a minute thereof in his books relating to the company.

c. 23, s. 176.

Actions

stayed on

winding-up

order.

c. 23, s. 177.

[171

171. When a winding-up order has been made, or a provisional liquidator has been appointed, no action or proceeding shall be proceeded with or commenced against the company except by leave of the court, and subject to such terms as the court may impose.

Effect of winding-up

order.

19 & 20 Geo. 5,

c. 23, s. 178.

[172

172. An order for winding up a company shall operate in favour of all the creditors and of all the contributories of the company as if made on the joint petition of a creditor and of a contributory.

[173

124

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CAP. 32] [s. 167 cont.] Companies. members of the company, made after the commencement of 19 & 20 Geo. 5. the winding up, shall, unless the court otherwise orders, be c. 23, s. 173. Avoidance of attach- ments, &c. 19 & 20 Geo. 5, c. 23, s. 174. Commence- ment of winding up by the court. 19 & 20 Geo. 5, c. 23, s. 175. Copy of order to be forwarded to Registrar. void. * [168 168. Where any company is being wound up by the court, any attachment, sequestration, distress, or execution put in force against the estate or effects of the company after the commencement of the winding up shall be void to all intents. Commencement of Winding Up. [169 169. (1) Where before the presentation of a petition for the winding up of a company by the court a resolution has been passed by the company for voluntary winding up, the winding up of the company shall be deemed to have commenced at the time of the passing of the resolution, and unless the court, on proof of fraud or mistake, thinks fit otherwise to direct, all proceedings taken in the voluntary winding up shall be deemed to have been validly taken. (2) In any other case, the winding up of a company by the court shall be deemed to commence at the time of the presentation of the petition for the winding up. Consequences of Winding-up Order. [170 170. On the making of a winding-up order, a copy of the order must forthwith be forwarded by the company, or 19 & 20 Geo. 5, otherwise as may be prescribed, to the Registrar, who shall make a minute thereof in his books relating to the company. c. 23, s. 176. Actions stayed on winding-up order. c. 23, s. 177. [171 171. When a winding-up order has been made, or a provisional liquidator has been appointed, no action or proceeding shall be proceeded with or commenced against the company except by leave of the court, and subject to such terms as the court may impose. Effect of winding-up order. 19 & 20 Geo. 5, c. 23, s. 178. [172 172. An order for winding up a company shall operate in favour of all the creditors and of all the contributories of the company as if made on the joint petition of a creditor and of a contributory. [173 124
Baseline (Original)
CAP. 32] [s. 167 cont.] Companies. members of the company, made after the commencement of 19 & 20 Geo. 5. the winding up, shall, unless the court otherwise orders, be c. 23, s. 173. Avoidance of attach- ments, &c. 19 & 20 Geo. 5, c. 23, s. 174. Commence- ment of winding up by the court. 19 & 20 Geo. 5, c. 23, s. 175. Copy of order to be forwarded to Registrar. void. * [168 168. Where any company is being wound up by the court, any attachment, sequestration, distress, or execution put in force against the estate or effects of the company after the commencement of the winding up shall be void to all intents. Commencement of Winding Up. [169 169. (1) Where before the presentation of a petition for the winding up of a company by the court a resolution has been passed by the company for voluntary winding up, the winding up of the company shall be deemed to have com- menced at the time of the passing of the resolution, and unless the court, on proof of fraud or mistake, thinks fit otherwise to direct, all proceedings taken in the voluntary winding up shall be deemed to have been validly taken. (2) In any other case, the winding up of a company by the court shall be deemed to commence at the time of the presentation of the petition for the winding up. Consequences of Winding-up Order. [170 170. On the making of a winding-up order, a copy of the order must forthwith be forwarded by the company, or 19 & 20 Geo. 5, otherwise as may be prescribed, to the Registrar, who shall make a minute thereof in his books relating to the company. c. 23, s. 176. Actions stayed on winding-up order. c. 23, s. 177. [171 171. When a winding-up order has been made, or a provisional liquidator has been appointed, no action or pro- 19 & 20 Geo. 5. ceeding shall be proceeded with or commenced against the company except by leave of the court, and subject to such terms as the court may impose. Effect of winding-up order. 19 & 20 Geo. 5, c. 23, s. 178. [172 172. An order for winding up a company shall operate in favour of all the creditors and of all the contributories of the company as if made on the joint petition of a creditor and of a contributory. [173 124
2026-05-03 19:24:55 · Baseline
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CAP. 32]

[s. 167 cont.]

Companies.

members of the company, made after the commencement of

19 & 20 Geo. 5. the winding up, shall, unless the court otherwise orders, be

c. 23, s. 173.

Avoidance

of attach- ments, &c.

19 & 20 Geo. 5,

c. 23, s. 174.

Commence- ment of

winding up

by the court.

19 & 20 Geo. 5,

c. 23, s. 175.

Copy of

order to be forwarded

to Registrar.

void.

*

[168

168. Where any company is being wound up by the court, any attachment, sequestration, distress, or execution put in force against the estate or effects of the company after the commencement of the winding up shall be void to all intents.

Commencement of Winding Up.

[169

169. (1) Where before the presentation of a petition for the winding up of a company by the court a resolution has been passed by the company for voluntary winding up, the winding up of the company shall be deemed to have com- menced at the time of the passing of the resolution, and unless the court, on proof of fraud or mistake, thinks fit otherwise to direct, all proceedings taken in the voluntary winding up shall be deemed to have been validly taken.

(2) In any other case, the winding up of a company by the court shall be deemed to commence at the time of the presentation of the petition for the winding up.

Consequences of Winding-up Order.

[170

170. On the making of a winding-up order, a copy of the order must forthwith be forwarded by the company, or

19 & 20 Geo. 5, otherwise as may be prescribed, to the Registrar, who shall make a minute thereof in his books relating to the company.

c. 23, s. 176.

Actions

stayed on

winding-up

order.

c. 23, s. 177.

[171

171. When a winding-up order has been made, or a provisional liquidator has been appointed, no action or pro-

19 & 20 Geo. 5. ceeding shall be proceeded with or commenced against the company except by leave of the court, and subject to such terms as the court may impose.

Effect of winding-up

order.

19 & 20 Geo. 5,

c. 23, s. 178.

[172

172. An order for winding up a company shall operate in favour of all the creditors and of all the contributories of the company as if made on the joint petition of a creditor and of a contributory.

[173

124

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