270
CAP. 32]
Companies
[1984 Ed.
(
Power of court
to stay or restrain
proceedings.
1929 c. 23, s. 335.
Actions stayed on winding-up order.
1929 c. 23, s. 336.
Meaning of unregistered company. 1929 c. 23, s. 337.
(1 of 1865.)
(58 of 1911.)
(2) The provisions of section 8 with respect to applications to the court for cancellation of alterations of the objects of a company and matters consequential on the passing of resolutions for such alterations shall so far as applicable apply to an alteration under this section with the following modifications--
(a) there shall be substituted for the printed copy of the altered memorandum required to be delivered to the Registrar a printed copy of the substituted memorandum and articles; and
(b) on the delivery to the Registrar of a printed copy of the substituted memorandum and articles or the date when the alteration is no longer liable to be cancelled by order of the court, whichever last occurs, the substituted memorandum and articles shall apply to the company in the same manner as if it were a company registered under this Ordinance with that memorandum and those articles, and the company's deed of settlement shall cease to apply to the company. (Replaced, 6 of 1984, s. 221)
(3) An alteration under this section may be made either with or without any alteration of the objects of the company under this Ordinance.
(4) In this section, “deed of settlement" includes any contract of copartnery or other instrument constituting or regulating the company, not being an Ordinance, Act of Parliament, a royal charter, or letters patent.
324. The provisions of this Ordinance with respect to staying and restraining actions and proceedings against a company at any time after the presentation of a petition for winding up and before the making of a winding-up order shall, in the case of a company registered in pursuance of this Part where the application to stay or restrain is by a creditor, extend to actions and proceedings against any contributory of the company.
325. Where an order has been made for winding up a company registered in pursuance of this Part no action or proceeding shall be commenced or proceeded with against the company or any contributory of the company in respect of any debt of the company, except by leave of the court, and subject to such terms as the court may impose.
PART X
WINDING UP OF UNREGISTERED COMPANIES
326. For the purposes of this Part, "unregistered company" includes any partnership, whether limited or not, any association and any company with the following exceptions-
(a) a company registered under the Companies Ordinance 1865, or under the Companies Ordinance 1911, or under this Ordinance;
Page 160
Page 161
270
CAP. 32]
Companies
[1984 Ed.
(
Power of court
to stay or restrain
proceedings.
1929 c. 23, s. 335.
Actions stayed on winding-up order.
1929 c. 23, s. 336.
Meaning of unregistered company. 1929 c. 23, s. 337.
(1 of 1865.)
(58 of 1911.)
(2) The provisions of section 8 with respect to applications to the court for cancellation of alterations of the objects of a company and matters consequential on the passing of resolutions for such alterations shall so far as applicable apply to an alteration under this section with the following modifications--
(a) there shall be substituted for the printed copy of the altered memorandum required to be delivered to the Registrar a printed copy of the substituted memorandum and articles; and
(b) on the delivery to the Registrar of a printed copy of the substituted memorandum and articles or the date when the alteration is no longer liable to be cancelled by order of the court, whichever last occurs, the substituted memorandum and articles shall apply to the company in the same manner as if it were a company registered under this Ordinance with that memorandum and those articles, and the com- pany's deed of settlement shall cease to apply to the company. (Replaced, 6 of 1984, s. 221)
(3) An alteration under this section may be made either with or without any alteration of the objects of the company under this Ordinance.
(4) In this section, “deed of settlement" includes any contract of copartnery or other instrument constituting or regulating the company, not being an Ordinance, Act of Parliament, a royal charter, or letters patent.
324. The provisions of this Ordinance with respect to staying and restraining actions and proceedings against a company at any time after the presentation of a petition for winding up and before the making of a winding-up order shall, in the case of a company registered in pursuance of this Part where the application to stay or restrain is by a creditor, extend to actions and proceedings against any contributory of the company.
325. Where an order has been made for winding up a company registered in pursuance of this Part no action or proceeding shall be commenced or proceeded with against the company or any contribu- tory of the company in respect of any debt of the company, except by leave of the court, and subject to such terms as the court may impose.
PART X
WINDING UP OF UNREGISTEred CompanIES
326. For the purposes of this Part, "unregistered company" includes any partnership, whether limited or not, any association and any company with the following exceptions-
(a) a company registered under the Companies Ordinance 1865, or under the Companies Ordinance 1911, or under this Ordinance;
C
Page 160Page 161
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