H 40
[Subsidiary]
Chairman of meeting.
R. 131.
Form 79.
Ordinary resolution of creditors and contributories. L.N. 245/77. R. 132.
Copy of resolution to be filed.
R. 133.
Non-reception of notice by a creditor.
R. 134.
Adjournment.
R. 135. Form 78.
Quorum.
R. 136.
Form 21.
Creditors entitled to vote.
R. 137.
CAP. 32]
Companies (Winding-up) Rules
[1984 Ed.
118. Where a meeting is summoned by the Official Receiver or the liquidator, he or someone nominated by him shall be chairman of the meeting. At every other meeting of creditors or contributories the chairman shall be such person as the meeting by resolution shall appoint. This rule shall not apply to meetings under section 241 of the Ordinance.
119. At a meeting of creditors a resolution shall be deemed to be passed when a majority in value of the creditors present personally or by proxy and voting on the resolution have voted in favour of the resolution, and at a meeting of the contributories a resolution shall be deemed to be passed when a majority in value of the contributories present personally or by proxy, and voting on the resolution, have voted in favour of the resolution, the value of the contributories being determined according to the number of votes conferred on each contributory by the regulations of the company.
120. The Official Receiver or, as the case may be, the liquidator shall file with the Registrar a copy certified by him of every resolution of a meeting of creditors or contributories in a winding up by the court.
121. Where a meeting of creditors or contributories is summoned by notice, the proceedings and resolutions at the meeting shall, unless the court otherwise orders, be valid notwithstanding that some creditors or contributories may not have received the notice sent to them.
122. The chairman may, with the consent of the meeting, adjourn it from time to time and from place to place, but the adjourned meeting shall be held at the same place as the original place of meeting, unless in the resolution for adjournment another place is specified or unless the court otherwise orders.
123. (1) A meeting may not act for any purpose except the election of a chairman, the proving of debts and the adjournment of the meeting unless there are present or represented thereat at least 3 creditors entitled to vote or three contributories or all the creditors entitled to vote or all the contributories, if the number of the creditors entitled to vote or the contributories, as the case may be, shall not exceed 3.
(2) If within half an hour from the time appointed for the meeting a quorum of creditors or contributories is not present or represented, the meeting shall be adjourned to the same day in the following week at the same time and place, or to such other day as the chairman may appoint, not being less than 7 or more than 21 days from the day from which the meeting was adjourned.
124. (1) In the case of a first meeting of creditors or of an adjournment thereof, a person shall not be entitled to vote as a creditor unless he has duly lodged with the Official Receiver not later...
H 40
[Subsidiary]
Chairman of meeting.
R. 131.
Form 79.
Ordinary resolution of creditors and contributories. L.N. 245/77. R. 132.
Copy of resolution to be filed.
R. 133.
Non-reception of notice by a crcditor.
R. 134.
Adjournment.
R. 135. Form 78.
Quorum.
R. 136.
Form 21.
Creditors entitled
to vote.
R. 137.
CAP. 32]
Companies (Winding-up) Rules
[1984 Ed.
118. Where a meeting is summoned by the Official Receiver or the liquidator, he or someone nominated by him shall be chairman of the meeting. At every other meeting of creditors or contributories the chairman shall be such person as the meeting by resolution shall appoint. This rule shall not apply to meetings under section 241 of the Ordinance.
119. At a meeting of creditors a resolution shall be deemed to be passed when a majority in value of the creditors present personally or by proxy and voting on the resolution have voted in favour of the resolution, and at a meeting of the contributories a resolution shall be deemed to be passed when a majority in value of the contribu- tories present personally or by proxy, and voting on the resolution, have voted in favour of the resolution, the value of the contribu- tories being determined according to the number of votes conferred on each contributory by the regulations of the company.
120. The Official Receiver or as the case may be the liquidator shall file with the Registrar a copy certified by him of every resolu- tion of a meeting of creditors or contributories in a winding up by the court.
121. Where a meeting of creditors or contributories is sum- moned by notice the proceedings and resolutions at the meeting shall unless the court otherwise orders be valid notwithstanding that some creditors or contributories may not have received the notice sent to them.
122. The chairman may with the consent of the meeting adjourn it from time to time and from place to place, but the adjourned meeting shall be held at the same place as the original place of meeting unless in the resolution for adjournment another place is specified or unless the court otherwise orders.
123. (1) A meeting may not act for any purpose except the election of a chairman, the proving of debts and the adjournment of the meeting unless there are present or represented thereat at least 3 creditors entitled to vote or three contributories or all the creditors entitled to vote or all the contributories, if the number of the creditors entitled to vote or the contributories as the case may be shall not exceed 3.
(2) If within half an hour from the time appointed for the meeting a quorum of creditors or contributories is not present or represented the meeting shall be adjourned to the same day in the following week at the same time and place or to such other day as the chairman may appoint not being less than 7 or more than 21 days, from the day from which the meeting was adjourned.
124. (1) In the case of a first meeting of creditors or of an adjournment thereof a person shall not be entitled to vote as a creditor unless he has duly lodged with the Official Receiver not later
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