Cap. 6activeordinance

Bankruptcy Ordinance

破產條例

Full legislation

s.85

Remuneration of trustee

(1)
Where the creditors appoint any person to be trustee of a bankrupt’s estate,
                his remuneration (if any) shall be fixed by an ordinary resolution of the creditors,
                or, if the creditors so resolve, by the creditors’ committee.
(Amended
76 of 1996 ss. 72
& 74)
(2)
Where the remuneration of the trustee is to be a commission upon the amount
                received by the trustee, then one part shall be payable on the amount realized by
                the trustee, after deducting any sums paid to secured creditors out of the proceeds
                of their securities, and the other part on the amount distributed in
                dividend.
(3)
If one-fourth in number or value of the creditors apply to the Official
                Receiver or the Official Receiver is of the opinion that the remuneration of a
                trustee should be reviewed, the Official Receiver may apply to the court and
                thereupon the court may confirm, increase or reduce the remuneration of the
                trustee.
(4)
The resolution or the creditors’ committee, as the case may be, shall specify
                the expenses which the remuneration is to cover, and no liability shall attach to
                the bankrupt’s estate, or to the creditors, in respect of any such expenses.
(Amended
76 of 1996 s. 74
)
(5)
Where a trustee acts without remuneration he shall be allowed out of the
                bankrupt’s estate such proper expenses incurred by him in or about the proceedings
                of the bankruptcy as the court may approve.
(6)
A trustee shall not under any circumstances whatever make any arrangement for
                or accept from the bankrupt, or any solicitor, auctioneer or any other person who
                may be employed about a bankruptcy, any gift, remuneration or pecuniary or other
                consideration or benefit whatever beyond his said remuneration payable out of the
                estate, nor shall he make any arrangement for giving up, or give up, any part of his
                remuneration, whether as receiver, manager or trustee, to the bankrupt or any
                solicitor or other person who may be employed about a bankruptcy.