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Cap. 32Hactiverule

Companies (Winding-up) Rules

公司(清盤)規則

Full legislation

s.134

General proxies

A creditor or a contributory may give a general proxy to any person.

Table of Contents

Sections

3AInterpretation ofrules 3Band3C
3BForm and content of statutory demand
3CInformation to be given in statutory demand
11Process to be sealed
12Issue of summonses
13Orders
14File of proceedings in office of Registrar
15Office copies
16Inspection of file
17Use of file by Official Receiver
18Defacement of stamps
19Duties of bailiff
20Service
20APerson giving notice, etc. to provide contact details
21Enforcement of orders
22Form of petition
22ADeposit by petitioner
23Presentation of petition
23ACopies of documents filed in proceedings to be served on Official Receiver and Chief Bailiff
24Advertisement of petition
25Service of petition
26Verification of petition
27Copy of petition to be furnished to creditor or contributory
27AAdministration of small liquidations
28Appointment of provisional liquidator
29Attendance before hearing to show compliance with rules
30Notice by persons who intend to appear
31List of names and addresses of persons who appear on the petition
32Affidavits in opposition and reply
33Substitution of creditor or contributory for withdrawing petitioner
34Notice that winding-up order has been pronounced to be given to Official Receiver
35Drawing up and contents of winding-up order
36Transmission and advertisement of winding-up order
37Appointment of special manager
38Accounting by special manager
39Preparation of statement of affairs and supplementary affidavit
40Extension of time for submitting statement of affairs or supplementary affidavit
41Information subsequent to statement of affairs or supplementary affidavit
42Default
43
44Dispensing with statement of affairs or supplementary affidavit
45Appointment of liquidator and committee of inspection on report of meetings of creditors and contributories
46
47Security to satisfaction of Official Receiver
48Failure to give or keep up security
49Report of liquidator to be filed
50Appointment of time for consideration of report
51Consideration of report
51AFurther report confidential if public examination ordered
51BEvidence in support of application for public examination
52Order for public examination
53Application for day for holding examination
54Appointment of day, time and place for public examination
55Notice of public examination to creditors and contributories
56Default in attending
57Notes of examination to be filed
57AApplication of certain rules where report is made undersection 168IAof Ordinance
58Application by or against delinquent directors, officers and promoters
58AApplication for order undersection 286Bof Ordinance
58BOrder undersection 286Bof Ordinance and notice for attendance
59Use of depositions taken at public examinations
60Appointment and remuneration of shorthand writers
61Committal of contumacious witness
62Depositions at private examinations
63Disclaimer
64Vesting of disclaimed property
65Report by Official Receiver on arrangements and compromises
66Collection and distribution of company’s assets by liquidator
67Power of liquidator to require delivery of property
67AInterpretation ofrules 67A to 73
68Liquidator to settle list of contributories
69Provisional list of contributories and objection by person included in the list
70Settlement of list of contributories
71Notice to contributory
72Application to the court to vary the list
73Variation of or addition to list of contributories
74Calls by liquidator
75Application to the court for leave to make a call
76Document making the call
77Service of notice of a call
78Enforcement of call
79Proof of debt
80Mode of proof
81Verification of proof
82Contents of proof
83Claim established by affidavit
84Surrender of security
85Costs of proof
86Discount
87Periodical payments
88Interest
89Proof for debt payable at a future time
90Workmen’s wages
91Production of bills of exchange and promissory notes
92Transmission of proofs to liquidator
93Notice to creditors to prove
94Examination of proof
95Appeal by creditor
96Expunging at instance of liquidator
97Expunging at instance of creditor
98Oaths
99Provisional liquidator’s powers
100Filing proofs by Official Receiver
101Proofs to be filed
102Procedure where creditor appeals
103Time for dealing with proofs by Official Receiver
104Time for dealing with proofs by liquidator
105Cost of appeals from decisions as to proofs
106First meetings of creditors and contributories
107Notice of first meetings
108Summoning of first meetings
109Form of notices of first meetings
110Notice of first meetings to officers of company
111Summary of statement of affairs, etc.
112Liquidator’s meetings of creditors and contributories
113Application of rules as to meetings
114Summoning of meetings
115Proof of notice
116Place of meetings
117Costs of calling meeting
118Chairman of meeting
119Resolution of creditors and contributories
120Copy of resolution to be filed
121Non-reception of notice by a creditor
122Adjournment
123Quorum
124Creditors entitled to vote
125Cases in which creditors may not vote
126Votes of secured creditors
127Creditor required to give up security
128Admission and rejection of proofs for purpose of voting
129Statement of security
130Minutes of meeting
131Proxies
132Form of proxies
133Forms of proxy to be sent with notices
134General proxies
135Special proxies
136Solicitation by liquidator to obtain proxies
137Proxies to Official Receiver or liquidator
138Holder of proxy not to vote on matter in which he is financially interested
139Lodgment of proxies
140Use of proxies by deputy
141Filling in where creditor blind or incapable
142Dividends to creditors
143Return of capital to contributories
144Attendance at proceedings
145Attendance of liquidator’s solicitor
146Remuneration of liquidator
147Limit of remuneration
148Dealings with assets
149Restriction on purchase of goods by liquidator
150Committee of inspection not to make profit
151Costs of obtaining sanction of court
152Sanction of payments to committee
153Discharge of costs before assets handed to liquidator
154Resignation of liquidator in winding up by court
154AResignation of liquidator in creditors’ voluntary winding up
154BResignation of liquidator in members’ voluntary winding up
155Cessation of office of liquidator
156Payments out of bank
157Special bank account
158Record of proceedings
159Cash Book
160Investment of assets in securities, and realization of securities
161Audit of Cash Book
162Official Receiver’s audit of liquidator’s accounts
163Liquidator carrying on business
164Copy of accounts to be filed
165Summary of accounts
166Statement of no receipts
167Proceedings on resignation, &c., of liquidator
168Expenses of sales
169Taxation of costs payable by or to Official Receiver or liquidator or by company
170Notice of appointment
171Lodgment of bill
172Copy of the bill to be furnished
173Applications for costs
174Certificate of taxation
175Certificate of employment
176Costs and taxation of bill exceeding $3, 000
177Review of taxation and appeals thereon
178Liquidator’s charges
179Costs payable out of the assets
180Conclusion of winding up
181Times of sending liquidator’s statements, and regulations applicable thereto
182Affidavit of no receipts or payments
183Payment of undistributed and unclaimed money into companies liquidation account
184Liquidator to furnish information to Official Receiver
185Official Receiver may call for verified accounts
186Application to the court for enforcing an account, and getting in money
187Application for payment out by person entitled
188Application by liquidator for payment out
189Proceedings for release of liquidator
190Disposal of books and papers
191Appointment
192Removal
193Personal performance of duties
194Assistant official receivers
195Power of certain officers and Official Receivers’ clerks in certain cases to act for Official Receivers
196Duties where no assets
197Accounting by Official Receiver
198Official Receiver to act as committee of inspection where no committee of inspection appointed
199Appeals from Official Receiver
200Applications undersection 204of the Ordinance
201Books to be kept by officers of the court
202Publishing notices
203Filing memorandum of advertisements
204To whom warrants may be addressed
205Prison to which person arrested on warrant is to be taken
206Prison to which a person arrested is to be conveyed, and production and custody of persons arrested
207Disposal of moneys received after execution
208Enlargement or abridgment of time
209Formal defect not to invalidate proceedings
210Application of existing procedure
210ATransitional and saving provisions relating to Companies (Winding Up and Miscellaneous Provisions) (Amendment) Ordinance 2016 (14 of 2016)
211Citation
1Interpretation
2Contents of order for winding up or appointment of provisional liquidator (rule 35)
3Appointment of liquidator and committee of inspection on report of meetings of creditors and contributories underrule 45
4List of contributories (rules 68 to 72)
5Vacation of office of liquidator underrule 155
6Certificate of employment underrule 175
7Costs and taxation
8Costs payable out of the assets
9Requirements under formerrule 200with regard to applications undersection 204of the Ordinance
10Giving notice to creditors and contributories of intention to apply for release by Form 98

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