1964_COMPANIES_ORDINANCE — Page 139

HK Historical Laws 香港歷史法例 All AI Reviewed

(

1984 Ed.]

Companies

[CAP. 32

249

(2) In this section, "assurance" includes deed, conveyance, assignment and surrender.

282. Where a company is being wound up, all books and papers of the company and of the liquidators shall, as between the contributories of the company, be prima facie evidence of the truth of all matters purporting to be therein recorded.

283. (1) When a company has been wound up and is about to be dissolved, the books and papers of the company and of the liquidators may be disposed of as follows, that is to say--

(a) in the case of a winding up by the court in such way as the court directs;

(b) in the case of a members' voluntary winding up, in such way as the company by special resolution directs, and, in the case of a creditors' voluntary winding up, in such way as the committee of inspection or, if there is no such committee, as the creditors of the company, may direct. (Amended, 6 of 1984, s. 198)

(2) After 5 years from the dissolution of the company no responsibility shall rest on the company, the liquidators, or any person to whom the custody of the books and papers has been committed, by reason of any book or paper not being forthcoming to any person claiming to be interested therein.

(3) Provision may be made by general rules for enabling the Official Receiver to prevent, for such period (not exceeding 5 years from the dissolution of the company) as he thinks proper, the destruction of the books and papers of a company which has been wound up, and for enabling any creditor or contributory of the company to make representations to him, and to appeal to the court from any direction which may be given by him in the matter.

(4) If any person acts in contravention of any general rules made for the purposes of this section or of any direction of the Official Receiver thereunder, he shall be liable to a fine of $5,000. (Amended, 22 of 1950, Schedule and 6 of 1984, s. 198)

284. (1) If where a company is being wound up the winding up is not concluded within 1 year after its commencement, the liquidator shall, at such intervals as may be prescribed, until the winding up is concluded, send to the Registrar a statement in the prescribed form and containing the prescribed particulars with respect to the proceedings in and position of the liquidation.

(2) Any person stating himself in writing to be a creditor or contributory of the company shall be entitled, by himself or by his agent, at all reasonable times, on payment of the prescribed fee, to inspect the statement, and to receive a copy thereof or extract therefrom.

Books of company to be evidence.

1929 c. 23, s. 282.

Disposal of books and papers of company.

1929 c. 23, s. 283.

Information as to pending liquidations.

1929 c. 23, s. 284.

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( 1984 Ed.] Companies [CAP. 32 249 (2) In this section, "assurance" includes deed, conveyance, assignment and surrender. 282. Where a company is being wound up, all books and papers of the company and of the liquidators shall, as between the contributories of the company, be prima facie evidence of the truth of all matters purporting to be therein recorded. 283. (1) When a company has been wound up and is about to be dissolved, the books and papers of the company and of the liquidators may be disposed of as follows, that is to say-- (a) in the case of a winding up by the court in such way as the court directs; (b) in the case of a members' voluntary winding up, in such way as the company by special resolution directs, and, in the case of a creditors' voluntary winding up, in such way as the committee of inspection or, if there is no such committee, as the creditors of the company, may direct. (Amended, 6 of 1984, s. 198) (2) After 5 years from the dissolution of the company no responsibility shall rest on the company, the liquidators, or any person to whom the custody of the books and papers has been committed, by reason of any book or paper not being forthcoming to any person claiming to be interested therein. (3) Provision may be made by general rules for enabling the Official Receiver to prevent, for such period (not exceeding 5 years from the dissolution of the company) as he thinks proper, the destruction of the books and papers of a company which has been wound up, and for enabling any creditor or contributory of the company to make representations to him, and to appeal to the court from any direction which may be given by him in the matter. (4) If any person acts in contravention of any general rules made for the purposes of this section or of any direction of the Official Receiver thereunder, he shall be liable to a fine of $5,000. (Amended, 22 of 1950, Schedule and 6 of 1984, s. 198) 284. (1) If where a company is being wound up the winding up is not concluded within 1 year after its commencement, the liquidator shall, at such intervals as may be prescribed, until the winding up is concluded, send to the Registrar a statement in the prescribed form and containing the prescribed particulars with respect to the proceedings in and position of the liquidation. (2) Any person stating himself in writing to be a creditor or contributory of the company shall be entitled, by himself or by his agent, at all reasonable times, on payment of the prescribed fee, to inspect the statement, and to receive a copy thereof or extract therefrom. Books of company to be evidence. 1929 c. 23, s. 282. Disposal of books and papers of company. 1929 c. 23, s. 283. Information as to pending liquidations. 1929 c. 23, s. 284.
Baseline (Original)
( 1984 Ed.] Companies [CAP. 32 249 (2) In this section, "assurance" includes deed, conveyance, assignment and surrender. 282. Where a company is being wound up, all books and papers of the company and of the liquidators shall, as between the contributories of the company, be prima facie evidence of the truth of all matters purporting to be therein recorded. 283. (1) When a company has been wound up and is about to be dissolved, the books and papers of the company and of the liquidators may be disposed of as follows, that is to say-- (a) in the case of a winding up by the court in such way as the court directs; (b) in the case of a members' voluntary winding up, in such way as the company by special resolution directs, and, in the case of a creditors' voluntary winding up, in such way as the committee of inspection or, if there is no such committee, as the creditors of the company, may direct. (Amended, 6 of 1984, s. 198) (2) After 5 years from the dissolution of the company no responsibility shall rest on the company, the liquidators, or any person to whom the custody of the books and papers has been committed, by reason of any book or paper not being forthcoming to any person claiming to be interested therein. (3) Provision may be made by general rules for enabling the Official Receiver to prevent, for such period (not exceeding 5 years from the dissolution of the company) as he thinks proper, the destruction of the books and papers of a company which has been wound up, and for enabling any creditor or contributory of the company to make representations to him, and to appeal to the court from any direction which may be given by him in the matter. (4) If any person acts in contravention of any general rules made for the purposes of this section or of any direction of the Official Receive thereunder, he shall be liable to a fine of $5,000-- (Amended, 22 of 1950, Schedule and 6 of 1984, s. 198) 284. (1) If where a company is being wound up the winding up is not concluded within 1 year after its commencement, the liquida- tor shall, at such intervals as may be prescribed, until the winding up is concluded, send to the Registrar a statement in the prescribed form and containing the prescribed particulars with respect to the proceedings in and position of the liquidation. (2) Any person stating himself in writing to be a creditor or contributory of the company shall be entitled, by himself or by his agent, at all reasonable times, on payment of the prescribed fee, to inspect the statement, and to receive a copy thereof or extract therefrom. Books of company to be evidence. 1929 c. 23, s. 282. Disposal of books and papers of company. 1929 c. 23. s. 283. Information as to pending liquidations. 1929 c. 23. s. 284.
2026-05-04 10:48:33 · Baseline
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(

1984 Ed.]

Companies

[CAP. 32

249

(2) In this section, "assurance" includes deed, conveyance, assignment and surrender.

282. Where a company is being wound up, all books and papers of the company and of the liquidators shall, as between the contributories of the company, be prima facie evidence of the truth of all matters purporting to be therein recorded.

283. (1) When a company has been wound up and is about to be dissolved, the books and papers of the company and of the liquidators may be disposed of as follows, that is to say--

(a) in the case of a winding up by the court in such way as the

court directs;

(b) in the case of a members' voluntary winding up, in such way as the company by special resolution directs, and, in the case of a creditors' voluntary winding up, in such way as the committee of inspection or, if there is no such committee, as the creditors of the company, may direct. (Amended, 6 of 1984, s. 198)

(2) After 5 years from the dissolution of the company no responsibility shall rest on the company, the liquidators, or any person to whom the custody of the books and papers has been committed, by reason of any book or paper not being forthcoming to any person claiming to be interested therein.

(3) Provision may be made by general rules for enabling the Official Receiver to prevent, for such period (not exceeding 5 years from the dissolution of the company) as he thinks proper, the destruction of the books and papers of a company which has been wound up, and for enabling any creditor or contributory of the company to make representations to him, and to appeal to the court from any direction which may be given by him in the matter.

(4) If any person acts in contravention of any general rules made for the purposes of this section or of any direction of the Official Receive thereunder, he shall be liable to a fine of $5,000-- (Amended, 22 of 1950, Schedule and 6 of 1984, s. 198)

284. (1) If where a company is being wound up the winding up is not concluded within 1 year after its commencement, the liquida- tor shall, at such intervals as may be prescribed, until the winding up is concluded, send to the Registrar a statement in the prescribed form and containing the prescribed particulars with respect to the proceedings in and position of the liquidation.

(2) Any person stating himself in writing to be a creditor or contributory of the company shall be entitled, by himself or by his agent, at all reasonable times, on payment of the prescribed fee, to inspect the statement, and to receive a copy thereof or extract therefrom.

Books of company to be evidence.

1929 c. 23, s. 282.

Disposal of books and papers of company.

1929 c. 23. s. 283.

Information as to pending liquidations.

1929 c. 23. s. 284.

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