(
(
1984 Ed.]
Companies Winding-up Rules
[CAP. 32
H 23
[Subsidiary]
APPOINTMENT OF LIQUIDATOR IN A WINDING UP BY THE COURT
45. (1) As soon as possible after the first meetings of creditors and contributories have been held the Official Receiver, or the chairman of the meeting, as the case may be, shall report the result of each meeting to the court.
(2) Upon the result of the meetings of creditors and contributories being reported to the court, the court may, if the meeting of creditors and the meeting of contributories have each passed the same resolutions, or if the resolutions passed at the 2 meetings are identical in effect, upon the application of the Official Receiver, forthwith make the appointments necessary for giving effect to such resolutions. In any other case the court shall, on the application of the Official Receiver, fix a time and place for considering the resolutions and determinations (if any) of the meetings, deciding differences (if any), and making such order as shall be necessary.
(3) When a time and place have been fixed for the consideration of the resolutions and determinations of the meetings, such time and place shall be advertised by the Official Receiver in such manner as the court shall direct, but so that the first or only advertisement shall be published not less than 7 days before the time so fixed.
(4) Upon the consideration of the resolutions and determinations of the meetings the court shall hear the Official Receiver and any creditor or contributory.
(5) If a liquidator is appointed, a copy of the order appointing him shall be transmitted by him to the Official Receiver and the Official Receiver shall, as soon as the liquidator has given security, cause notice of the appointment to be gazetted. The expense of gazetting the notice of the appointment shall be paid by the liquidator, but may be charged by him on the assets of the company.
(6) Every appointment of a liquidator or committee of inspection shall be advertised by the liquidator, in such manner as the court directs, immediately after the appointment has been made and the liquidator has given the required security.
(7) If a liquidator in a winding up by the court shall die, or resign, or be removed, another liquidator may be appointed in his place in the same manner as in the case of a first appointment, and the Official Receiver shall, on the request of not less than one-tenth in value of the creditors or contributories summon meetings for the purpose of determining whether or not the vacancy shall be filled: but none of the provisions of this rule shall apply where the liquidator is released under section 205 of the Ordinance in which case the Official Receiver shall remain liquidator.
Appointment of liquidator on report of meetings of creditors and contributories.
R. 56.
Form 24.
Forms 25 and 103(7).
Form 27.
Forms 103(8) and (9).
(
(
(
1984 Ed.]
Companies Winding-up Rules
[CAP. 32
H 23
[Subsidiary]
་་་་་
APPOINTMENT OF LIQUIDATOR IN A WInding up BY THE COURT
45. (1) As soon as possible after the first meetings of creditors and contributories have been held the Official Receiver, or the chairman of the meeting, as the case may be, shall report the result of each meeting to the court.
(2) Upon the result of the meetings of creditors and contribu- tories being reported to the court, the court may, if the meeting of creditors and the meeting of contributories have each passed the same resolutions, or if the resolutions passed at the 2 meetings are identical in effect, upon the application of the Official Receiver, forthwith make the appointments necessary for giving effect to such resolutions. In any other case the court shall, on the application of the Official Receiver, fix a time and place for considering the resolutions and determinations (if any) of the meetings, deciding differences (if any), and making such order as shall be necessary.
(3) When a time and place have been fixed for the considera- tion of the resolutions and determinations of the meetings, such time and place shall be advertised by the Official Receiver in such manner as the court shall direct, but so that the first or only advertisement shall be published not less than 7 days before the time so fixed.
(4) Upon the consideration of the resolutions and determina- tions of the meetings the court shall hear the Official Receiver and any creditor or contributory.
(5) If a liquidator is appointed, a copy of the order appoint- ing him shall be transmitted by him to the Official Receiver and the Official Receiver shall, as soon as the liquidator has given security, cause notice of the appointment to be gazetted. The expense of gazetting the notice of the appointment shall be paid by the liquidator, but may be charged by him on the assets of the company.
(6) Every appointment of a liquidator or committee of inspec- tion shall be advertised by the liquidator, in such manner as the court directs, immediately after the appointment has been made and the liquidator has given the required security.
(7) If a liquidator in a winding up by the court shall die, or resign, or be removed, another liquidator may be appointed in his place in the same manner as in the case of a first appointment, and the Official Receiver shall, on the request of not less than one-tenth in value of the creditors or contributories summon meetings for the purpose of determining whether or not the vacancy shall be filled: but none of the provisions of this rule shall apply where the liquidator is released under section 205 of the Ordinance in which case the Official Receiver shall remain liquidator.
Appointment of liquidator on
report of meetings of creditors and contributories.
R. 56.
Form 24.
Forms 25 and 103(7).
Form 27.
Forms 1038) and (9).
(
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