1964_COMPANIES_ORDINANCE — Page 151

1984 Ed.]

Companies

[CAP. 32

261

302. (1) If-

(a) any receiver or manager of the property of a company, who has made default in filing, delivering or making any return, account or other document or in giving any notice, which a receiver or manager is by law required to file, deliver, make or give, fails to make good the default within 14 days after the service on him of a notice requiring him to do so; or

(b) any receiver or manager of the property of a company who has been appointed under the powers contained in any instrument. has, after being required at any time by the liquidator of the company so to do, failed to render proper accounts of his receipts and payments and to vouch the same and to pay over to the liquidator the amount pro- perly payable to him;

the court may, on an application made for the purpose, make an order directing the receiver or manager, as the case may be, to make good the default within such time as may be specified in the order. (Amended, 6 of 1984, s. 215)

(2) In the case of any such default as is mentioned in subsec- tion (1)(a), an application for the purposes of this section may be made by any member or creditor of the company or by the Registrar, and in the case of any such default as is mentioned in subsection (1)(b), the application shall be made by the liquidator, and in either case the order may provide that all costs of and incidental to the application shall be borne by the receiver or manager, as the case may be. (Replaced, 6 of 1984, s. 215)

(3) Nothing in this section shall be taken to prejudice the operation of any enactment imposing penalties on receivers or managers in respect of such default as is mentioned in subsec- tion (1). (Replaced, 6 of 1984, s. 215)

302A. Except where the context otherwise requires—

(a) any reference in this Ordinance to a receiver or manager of the property of company, or to a receiver thereof, includes a reference to a receiver or manager, or (as the case may be) to a receiver, of part only of that property and to a receiver only of the income arising from that property or from part thereof; and

(b) any reference in this Ordinance to the appointment of a receiver or manager under powers contained in any instru- ment includes a reference to an appointment made under powers conferred by any enactment including powers which, by virtue of any enactment, are implied in and have effect as if contained in an instrument.

(Added, 6 of 1984, s. 216)

Enforcement of duty of receiver to make returns, &c.

1929 c. 23. s. 311.

Construction of

references to receivers and managers. 1948 c. 38, s. 376.