CAP. 32]
[s. 308 cont.]
Power of court to stay or restrain proceedings.
19 & 20 Geo. 5, c. 23, s. 335.
Actions stayed on winding-up order.
19 & 20 Geo. 5, c. 23, s. 336.
Companies.
(4) In this section the expression "deed of settlement" includes any contract of copartnery or other instrument constituting or regulating the company, not being an Ordinance, Act of Parliament, a royal charter, or letters patent.
[309
309. The provisions of this Ordinance with respect to staying and restraining actions and proceedings against a company at any time after the presentation of a petition for winding up and before the making of a winding-up order shall, in the case of a company registered in pursuance of this Part where the application to stay or restrain is by a creditor, extend to actions and proceedings against any contributory of the company.
[310
310. Where an order has been made for winding up a company registered in pursuance of this Part no action or proceeding shall be commenced or proceeded with against the company or any contributory of the company in respect of any debt of the company, except by leave of the court, and subject to such terms as the court may impose.
[311
PART X.
Meaning of unregistered company.
19 & 20 Geo. 5, c. 23, s. 337.
(1 of 1865.)
(58 of 1911.)
(Cap. 31.)
(Cap. 37.)
Winding up of unregistered companies.
WINDING UP OF UNREGISTERED COMPANIES.
311. For the purposes of this Part the expression "unregistered company" shall include any partnership, whether limited or not, any association and any company with the following exceptions—
(a) a company registered under the Companies Ordinance, 1865, or under the Companies Ordinance, 1911, or under this Ordinance;
(b) a partnership, association or company which consists of less than eight members and is not a foreign partnership, association or company;
(c) a partnership registered in the Colony under the Chinese Partnerships Ordinance, or under the Limited Partnerships Ordinance.
[312
312. (1) Subject to the provisions of this Part any unregistered company may be wound up under this Ordinance, and all the provisions of this Ordinance with
19 & 20 Geo. 5, c. 23, s. 338.
194
CAP. 32]
[s, 308 cont.]
Power of court to stay or restrain proceedings.
19 & 20 Geo. 5,
c. 23, s. 335.
Actions stayed on winding-up order.
19 & 20 Geo. 5, c. 23, s. 336.
Companies.
(4) In this section the expression "deed of settlement" includes any contract of copartnery or other instrument constituting or regulating the company, not being an Ordinance, Act of Parliament, a royal charter, or letters patent.
[309
309. The provisions of this Ordinance with respect to staying and restraining actions and proceedings against a company at any time after the presentation of a petition. for winding up and before the making of a winding-up order shall, in the case of a company registered in pur- suance of this Part where the application to stay or restrain is by a creditor, extend to actions and proceedings against any contributory of the company.
[310
310. Where an order has been made for winding up a company registered in pursuance of this Part no action. or proceeding shall be commenced or proceeded with against the company or any contributory of the company in respect of any debt of the company, except by leave of the court, and subject to such terms as the court may impose.
[311
PART X.
Meaning of unregistered company.
19 & 20 Geo. 5, c. 23, s. 337.
(1 of 1865.)
(58 of 1911.)
(Cap. 31.)
(Cap. 37.)
Winding up of unregister-
WINDING UP OF UNREGISTERED COMPANIES.
311. For the purposes of this Part the expression "un- registered company" shall include any partnership, whether limited or not, any association and any company with the following exceptions-
(a) a company registered under the Companies Ordin- ance, 1865, or under the Companies Ordinance, 1911, or under this Ordinance;
(b) a partnership, association or company which con- sists of less than eight members and is not a foreign partnership, association or company; (c) a partnership registered in the Colony under the Chinese Partnerships Ordinance, or under the Limited Partnerships Ordinance.
[312
312. (1) Subject to the provisions of this Part any ed companies. unregistered company may be wound up under this 19 & 20 Geo., Ordinance, and all the provisions of this Ordinance with
c. 23, s. 338.
194
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