1950_COMPANIES_ORDINANCE — Page 162

CAP. 32]

[s. 265 cont.]

22 of 1950, Schedule,

Exemption of certain documents

from stamp duty on winding up of companies. 19 & 20 Geo. 5, c. 23, s. 281.

Books of company to be evidence.

19 & 20 Geo. 5, c. 23, s. 282.

Disposal of books and

papers of

Companies.

and every receiver or manager, who knowingly and wilfully authorizes or permits the default, shall be liable to a fine of five hundred dollars.

[266

266. In the case of a winding up by the court of a company registered in the Colony, or of a creditors' voluntary winding up of such a company-

(a) every assurance relating solely to freehold or leasehold property, or to any mortgage, charge or other incumbrance on, or any estate, right or interest in, any real or personal property, which forms part of the assets of the company and which, after the execution of the assurance, either at law or in equity, is or remains part of the assets of the company; and

(b) every power of attorney, proxy paper, writ, order, certificate, affidavit, bond or other instrument or writing relating solely to the property of any company which is being so wound up, or to any proceeding under any such winding up,

shall be exempt from duties chargeable under the enactments relating to stamp duties.

In this section the expression "assurance" includes deed, conveyance, assignment and surrender.

[267

267. Where a company is being wound up, all books and papers of the company and of the liquidators shall, as between the contributories of the company, be prima facie evidence of the truth of all matters purporting to be therein recorded.

[268

268. (1) When a company has been wound up and is about to be dissolved, the books and papers of the company

19 & 20 Geo. 5,

and of the liquidators may be disposed of as follows, that

company.

c. 23, s. 283.

is to say-

(a) in the case of a winding up by, or subject to the supervision of, the court in such way as the court directs;

(b) in the case of a members' voluntary winding up, in such way as the company by extraordinary resolution directs, and, in the case of a creditors' voluntary winding up, in such way as the committee of inspection or, if there is no such committee, as the creditors of the company, may direct.

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