1950_COMPANIES_ORDINANCE — Page 164

HK Historical Laws 香港歷史法例 All AI Reviewed

CAP. 32]

Unclaimed assets to

be paid to companies

liquidation

account.

c. 23, s. 285.

Companies.

270. (1) If, where a company is being wound up it appears either from any statement sent to the Registrar under the last foregoing section or otherwise that a liquidator has in his hands or under his control any money representing unclaimed or undistributed assets of the company which have remained unclaimed or undistributed for six months after the date of their receipt, the liquidator shall forthwith pay the said money to the companies liquidation account, and shall be entitled to the prescribed certificate of receipt for the money so paid, and that certificate shall be an effectual discharge to him in respect thereof.

(Cap. 6.)

Resolutions passed at adjourned

meetings of creditors and

(2) For the purpose of ascertaining and getting in any money payable into the bank in pursuance of this section, the like powers may be exercised, and by the like authority, as are exerciseable under section 130 of the Bankruptcy Ordinance, for the purpose of ascertaining and getting in the sums, funds, and dividends referred to in that section.

(3) Any person claiming to be entitled to any money paid into the bank in pursuance of this section may apply to the Official Receiver for payment thereof, and the Official Receiver may, on a certificate by the liquidator that the person claiming is entitled, make an order for the payment to that person of the sum due.

(4) Any person dissatisfied with the decision of the Official Receiver in respect of a claim made in pursuance of this section may appeal to the court.

[271

271. Where after the commencement of this Ordinance a resolution is passed at an adjourned meeting of any creditors or contributories of a company, the resolution shall, for all purposes, be treated as having been passed on the date on which it was in fact passed, and shall not be deemed to have been passed on any earlier date.

contributories.

c. 23, s. 287.

[272

Supplementary Powers of Court.

Meetings

to ascertain wishes of

creditors or contributories.

c. 23, s. 288.

272. (1) The court may, as to all matters relating to the winding up of a company, have regard to the wishes of the creditors or contributories of the company, as proved to it by any sufficient evidence, and may, if it thinks fit, for the purpose of ascertaining those wishes, direct meetings of the creditors or contributories to be called, held, and conducted

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CAP. 32] Unclaimed assets to be paid to companies liquidation account. c. 23, s. 285. Companies. 270. (1) If, where a company is being wound up it appears either from any statement sent to the Registrar under the last foregoing section or otherwise that a liquidator has in his hands or under his control any money representing unclaimed or undistributed assets of the company which have remained unclaimed or undistributed for six months after the date of their receipt, the liquidator shall forthwith pay the said money to the companies liquidation account, and shall be entitled to the prescribed certificate of receipt for the money so paid, and that certificate shall be an effectual discharge to him in respect thereof. (Cap. 6.) Resolutions passed at adjourned meetings of creditors and (2) For the purpose of ascertaining and getting in any money payable into the bank in pursuance of this section, the like powers may be exercised, and by the like authority, as are exerciseable under section 130 of the Bankruptcy Ordinance, for the purpose of ascertaining and getting in the sums, funds, and dividends referred to in that section. (3) Any person claiming to be entitled to any money paid into the bank in pursuance of this section may apply to the Official Receiver for payment thereof, and the Official Receiver may, on a certificate by the liquidator that the person claiming is entitled, make an order for the payment to that person of the sum due. (4) Any person dissatisfied with the decision of the Official Receiver in respect of a claim made in pursuance of this section may appeal to the court. [271 271. Where after the commencement of this Ordinance a resolution is passed at an adjourned meeting of any creditors or contributories of a company, the resolution shall, for all purposes, be treated as having been passed on the date on which it was in fact passed, and shall not be deemed to have been passed on any earlier date. contributories. c. 23, s. 287. [272 Supplementary Powers of Court. Meetings to ascertain wishes of creditors or contributories. c. 23, s. 288. 272. (1) The court may, as to all matters relating to the winding up of a company, have regard to the wishes of the creditors or contributories of the company, as proved to it by any sufficient evidence, and may, if it thinks fit, for the purpose of ascertaining those wishes, direct meetings of the creditors or contributories to be called, held, and conducted
Baseline (Original)
CAP. 32] Unclaimed assets to be paid to companies liquidation account. c. 23, s. 285. Companies. 270. (1) If, where a company is being wound up it appears either from any statement sent to the Registrar under the last foregoing section or otherwise that a liquidator 19 & 20 Geo. 5, has in his hands or under his control any money represent- ing unclaimed or undistributed assets of the company which have remained unclaimed or undistributed for six months after the date of their receipt, the liquidator shall forthwith pay the said money to the companies liquidation account, and shall be entitled to the prescribed certificate of receipt for the money so paid, and that certificate shall be an effectual discharge to him in respect thereof. (Cap. 6.) Resolutions passed at adjourned meetings of creditors and (2) For the purpose of ascertaining and getting in any money payable into the bank in pursuance of this section, the like powers may be exercised, and by the like authority, as are exerciseable under section 130 of the Bankruptcy Ordinance, for the purpose of ascertaining and getting in the sums, funds, and dividends referred to in that section. (3) Any person claiming to be entitled to any money paid into the bank in pursuance of this section may apply to the Official Receiver for payment thereof, and the Official Receiver may, on a certificate by the liquidator that the person claiming is entitled, make an order for the payment to that person of the sum due. (4) Any person dissatisfied with the decision of the Official Receiver in respect of a claim made in pursuance of this section may appeal to the court. [271 271. Where after the commencement of this Ordinance a resolution is passed at an adjourned meeting of any creditors or contributories of a company, the resolution shall, 19 & 20 Geo. 5, for all purposes, be treated as having been passed on the date on which it was in fact passed, and shall not be deemed to have been passed on any earlier date. contributories. c. 23, s. 287. [272 Supplementary Powers of Court. Meetings to ascertain wishes of creditors or contribu- tories. c. 23, s. 288. 272. (1) The court may, as to all matters relating to the winding up of a company, have regard to the wishes of the creditors or contributories of the company, as proved to it 19 & 20 Geo. 5, by any sufficient evidence, and may, if it thinks fit, for the purpose of ascertaining those wishes, direct meetings of the creditors or contributories to be called, held, and conducted 176
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CAP. 32]

Unclaimed assets to

be paid to companies

liquidation

account.

c. 23, s. 285.

Companies.

270. (1) If, where a company is being wound up it appears either from any statement sent to the Registrar under the last foregoing section or otherwise that a liquidator 19 & 20 Geo. 5, has in his hands or under his control any money represent- ing unclaimed or undistributed assets of the company which have remained unclaimed or undistributed for six months after the date of their receipt, the liquidator shall forthwith pay the said money to the companies liquidation account, and shall be entitled to the prescribed certificate of receipt for the money so paid, and that certificate shall be an effectual discharge to him in respect thereof.

(Cap. 6.)

Resolutions passed at adjourned

meetings of creditors and

(2) For the purpose of ascertaining and getting in any money payable into the bank in pursuance of this section, the like powers may be exercised, and by the like authority, as are exerciseable under section 130 of the Bankruptcy Ordinance, for the purpose of ascertaining and getting in the sums, funds, and dividends referred to in that section.

(3) Any person claiming to be entitled to any money paid into the bank in pursuance of this section may apply to the Official Receiver for payment thereof, and the Official Receiver may, on a certificate by the liquidator that the person claiming is entitled, make an order for the payment to that person of the sum due.

(4) Any person dissatisfied with the decision of the Official Receiver in respect of a claim made in pursuance of this section may appeal to the court.

[271

271. Where after the commencement of this Ordinance a resolution is passed at an adjourned meeting of any creditors or contributories of a company, the resolution shall, 19 & 20 Geo. 5, for all purposes, be treated as having been passed on the date on which it was in fact passed, and shall not be deemed to have been passed on any earlier date.

contributories.

c. 23, s. 287.

[272

Supplementary Powers of Court.

Meetings

to ascertain wishes of

creditors or contribu- tories.

c. 23, s. 288.

272. (1) The court may, as to all matters relating to the winding up of a company, have regard to the wishes of the creditors or contributories of the company, as proved to it

19 & 20 Geo. 5, by any sufficient evidence, and may, if it thinks fit, for the purpose of ascertaining those wishes, direct meetings of the creditors or contributories to be called, held, and conducted

176

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