228
CAP. 32]
Companies
[1984 Ed.
Alternative provisions as to annual and final meetings in case of insolvency. 1948 c. 38, s. 291.
Provisions applicable to creditors' winding up.
1929 c. 23, s. 237.
Meeting of creditors.
1929 c. 23. s. 238.
239A. Where section 237A has effect, sections 247 and 248 shall apply to the winding up to the exclusion of sections 238 and 239, as if the winding up were a creditors' voluntary winding up and not a members' voluntary winding up:
Provided that the liquidator shall not be required to summon a meeting of creditors under section 247 at the end of the first year from the commencement of the winding up, unless the meeting held under section 237A is held more than 3 months before the end of that year.
(Added, 6 of 1984, s. 169)
Provisions applicable to a Creditors' Voluntary Winding Up
240. The provisions contained in sections 241 to 248 shall apply in relation to a creditors' voluntary winding up.
241. (1) The company shall cause a meeting of the creditors of the company to be summoned for the day, or the day next following the day, on which there is to be held the meeting at which the resolution for voluntary winding up is to be proposed, and shall cause the notices of the said meeting of creditors to be sent by post to the creditors simultaneously with the sending of the notices of the said meeting of the company.
(2) The company shall cause notice of the meeting of the creditors to be advertised once in the Gazette and once at least in, respectively, an English language newspaper and a Chinese language newspaper circulating in Hong Kong. (Replaced, 6 of 1984, s. 170)
(3) The directors of the company shall—
(a) cause a full statement of the position of the company's affairs together with a list of the creditors of the company and the estimated amount of their claims to be laid before the meeting of creditors to be held as aforesaid; and (b) appoint one of their number to preside at the said meeting. (4) It shall be the duty of the director appointed to preside at the meeting of creditors to attend the meeting and preside thereat.
(5) If the meeting of the company at which the resolution for voluntary winding up is to be proposed is adjourned and the resolution is passed at an adjourned meeting, any resolution passed at the meeting of the creditors held in pursuance of subsection (1) shall have effect as if it had been passed immediately after the passing of the resolution for winding up the company.
(6) If default is made-
(a) by the company in complying with subsections (1) and (2); (b) by the directors of the company in complying with sub-section (3);
(c) by any director of the company in complying with sub-section (4),
228
CAP. 32]
Companies
[1984 Ed.
Alternative provisions as to annual and final meetings in case of insolvency. 1948 c. 38, s. 291.
Provisions applicable to creditors' winding up.
1929 c. 23, s. 237.
Meeting of creditors.
1929 c. 23. s. 238.
239A. Where section 237A has effect, sections 247 and 248 shall apply to the winding up to the exclusion of sections 238 and 239, as if the winding up were a creditors' voluntary winding up and not a members' voluntary winding up:
Provided that the liquidator shall not be required to summon a meeting of creditors under section 247 at the end of the first year from the commencement of the winding up, unless the meeting held under section 237A is held more than 3 months before the end of that year.
(Added, 6 of 1984, s. 169)
Provisions applicable to a Creditors' Voluntary Winding Up
240. The provisions contained in sections 241 to 248 shall apply in relation to a creditors' voluntary winding up.
241. (1) The company shall cause a meeting of the creditors of the company to be summoned for the day, or the day next following the day, on which there is to be held the meeting at which the resolution for voluntary winding up is to be proposed, and shall cause the notices of the said meeting of creditors to be sent by post to the creditors simultaneously with the sending of the notices of the said meeting of the company.
(2) The company shall cause notice of the meeting of the creditors to be advertised once in the Gazette and once at least in, respectively, an English language newspaper and a Chinese language newspaper circulating in Hong Kong. (Replaced, 6 of 1984, s. 170)
(3) The directors of the company shall—
(a) cause a full statement of the position of the company's affairs together with a list of the creditors of the company and the estimated amount of their claims to be laid before the meeting of creditors to be held as aforesaid; and (b) appoint one of their number to preside at the said meeting. (4) It shall be the duty of the director appointed to preside at the meeting of creditors to attend the meeting and preside thereat.
(5) If the meeting of the company at which the resolution for voluntary winding up is to be proposed is adjourned and the resolution is passed at an adjourned meeting, any resolution passed at the meeting of the creditors held in pursuance of subsection (1) shall have effect as if it had been passed immediately after the passing of the resolution for winding up the company.
(6) If default is made-
(a) by the company in complying with subsections (1) and (2); (b) by the directors of the company in complying with sub-
section (3);
(c) by any director of the company in complying with sub-
section (4),
:
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