the-ordinances-of-the-legislative-counci-1890v2 — Page 294

HK Historical Laws 香港歷史法例 All

834 [ 30 or 1886. ] COMPANIES .

claims, an advertisement shall be issued, at such time as the Judge shall direct
and such advertisement shall fix a time for the creditors to send their names
and addresses, and the particulars of their debts or claims, and the names and
addresses of their solicitors (if any ), to the official liquidator, and appoint a
day for adjudicating thereon .
Attendance of
creditors . 22. The creditors need not attend upon the adjudication, nor prove their
Ibid . r. 21. ] debts or claims, unless they are required to do so by notice from the official
liquidator ; but upon such notice being given , they are to come in and prove
their debts or claims within a time to be therein specified.
List of debts.
(Ibid, r. 22.) 23. The official liquidator shall investigate the debts and claims sent in
to him , and ascertain, so far as he is able, which of such debts and claims
are justly due from the conipany and he shall make out and leave with the
Registrar a list of all the debts and claims sent in to him , distinguishing
which of the debts and claims, or parts of debts and claims so claimed, are,
in his opinion, justly due and proper to be allowed without further evidence,
and which of them , in his opinion, ought to be proved by the creditors and
he shall make and file, prior to the time appointed for a ljudication,an affidavit
setting forth which of the debts and claims in his opinion are justly due anil
proper to be allowed without further evidence, and stating his belief that such
debts and claims are justly due and proper to be allowedl, and the reasons for
such belief.
Allowance of
debts , 24. At the time appointed for adjudicating upon the debts and claims, or
[ Ibid. r. 23.) at any adjourumentthereof, the Julge may either allow the debts and claims
upon the affidavit of the official liqnidator, or may require the same, or any
of them , to be proved by the claimants, and adjourn the adjudication thereon
to a time to be then fixed ; and the official liquidator shall give notice to the
creditors whose debts or claims have been so allowed of such allowance.
Proof of debts.
[Ibid. r. 21.] 25. The official liquidator shall give notice to the creditors whose debts
or claims have not been allowed upon his affidavit , that they are required to
come in and prove the same by a day to be therein named, being not less than 1
four days after such notice, and to attend at a time to be therein named ,
being the time appointed by the advertisement, or by adjournment (as the
case may be) for adjudicating upon such debts and claims.
Date of valnation
of debts. 26. The value of such debts and claims as are made admissible to proof
[lbid, r. 25.] by the 146th section of The Companies Ordinance 1865 shall so far as is
possible, be estimated according to the value thereof at the date of the order
to wind -up the company .
Interest on
debts.
27. Interest on such debts and claims as shall be allowed shall be com
[ Ibid. r. 24.) puted, as to such of them as carry interest, after the rate they respectively
carry ; any creditor whose debt or claim so allowed does not carry interest,
shall be entitled to interest, at such rate per cent per annum as may from
( No. 7 of 1886.) time to time be allowed by the Court or a Judge under The Usury Ordinance
1886 from ihe date of the order to wind -up the company, out of any assets
which may remain after satisfying the costs of the winding-up, the debts and
claims established, and the interest of such debts and claims as by law carry
interest.

Costs of proof.
[ Ibid, r. 27.] 28. Such creditors as come in and prove their debts or claims pursuant to
notice from the official liquidator, shall be allowed their costs of proof, in the
same manner as in the case of debts proved in a suit.
Registrar's
certificate of
debts .
29. The result of the adjudication upon debts and claims shall be state :
[ Ibid . r. 28.) in a certificate to be made by the Registrar and certificates as to any of such
debts anil claims may be ma le from time to time. All such certificates shall
state whether the debts or claims are allowed or disallowed , and whether allowed
as against any particular assets, or in any other qualified or special manner.

Comments

Approved members can add comments, bookmarks, and private notes.

No comments yet.

Private Research Note

Private notes are available after approval.