1988 Ed.] The Rules of the Supreme Court Order 102
{CAP. 4
A 359
Application to be made by originating summons or motion (O. 102, r. 3)
3. (1) An application under section 100 of the Ordinance for rectification of the register of members of a company may be made by originating summons or originating motion.
(2) An originating summons under this rule shall be in Form No. 10 in Appendix A.
Applications to be made by originating motion (O. 102, r. 4)
4. (1) The following applications under the Ordinance must be made by originating motion, namely, applications-
(a) under section 30 for an order that a company be relieved from the consequences of default in complying with conditions constituting the company a private company,
(b) under section 45(3) for an order extending the time for delivery to the Registrar of Companies of any document required by that section to be delivered,
(c) under section 143 for an order declaring that the affairs of a company ought to be investigated by an inspector appointed by the Financial Secretary,
(d) under section 145(3) for an inquiry into any such case as is therein mentioned, and
(e) under section 290 for an order declaring a dissolution of a company which has not been wound up to have been void.
Applications to be made by petition (O. 102, r. 5)
5. (1) The following applications under the Ordinance must be made by petition, namely applications--
(a) under section 8 to cancel the alteration of a company's objects,
(b) under section 25A to cancel the alteration of a condition contained in a company's memorandum,
(c) under section 48B to confirm a reduction of the share premium account of a company,
(d) under section 50 to sanction the issue by a company of shares at a discount,
(e) under section 49 to confirm a reduction of the capital redemption reserve fund of a company,
(f) under section 59 to confirm a reduction of the share capital of a company,
(g) under section 64 to cancel any variation or abrogation of the rights attached to any class of shares in a company,
[Subsidiary]
App. A. Form 10.
1988 Ed.] The Rules of the Supreme Court Order 102
{CAP. 4
A 359
Application to be made by originating summons or motion (O. 102,
r. 3)
3. (1) An application under section 100 of the Ordinance for rectification of the register of members of a company may be made by originating summons or originating motion.
(2) An originating summons under this rule shall be in Form No. 10 in Appendix A.
Applications to be made by originating motion (O. 102, r. 4)
4. (1) The following applications under the Ordinance must be made by originating motion, namely, applications-
(a) under section 30 for an order that a company be relieved from the consequences of default in complying with conditions constituting the company a private company,
(b) under section 45(3) for an order extending the time for delivery to the Registrar of Companies of any document required by that section to be delivered,
(c) under section 143 for an order declaring that the affairs of a company ought to be investigated by an inspector appointed by the Financial Secretary,
(d) under section 145(3) for an inquiry into any such case as is
therein mentioned, and
(ƒ) under section 290 for an order declaring a dissolution of a company which has not been wound up to have been void.
Applications to be made by petition (O. 102, r. 5)
5. (1) The following applications under the Ordinance must be made by petition, namely applications--
(a) under section 8 to cancel the alteration of a company's
objects,
(b) under section 25A to cancel the alteration of a condition
contained in a company's memorandum,
(c) under section 48B to confirm a reduction of the share
premium account of a company,
(d) under section 50 to sanction the issue by a company of
shares at a discount,
(e) under section 49 to confirm a reduction of the capital
redemption reserve fund of a company,
(/) under section 59 to confirm a reduction of the share capital
of a company,
(g) under section 64 to cancel any variation or abrogation of
the rights attached to any class of shares in a company,
[Subsidiary]
App. A. Form 10.
No comments yet.
Private notes are available after approval.