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COMPANIES (WINDING-UP) RULES - APPENDIX
APPENDIX
Caution: This is a past version. See the current version here.
FORMS
FORM 1
[rule 7 ]
FORM OF SUMMONS (General)
(Title)
Let (a) attend at
on the day of
19 , at o'clock in
the noon on the hearing of an application
of (b) for an order that (c)
Dated the day of ,
19 .
This summons was taken out by of Solicitors for To
(a) Name of Respondent.
(b) Name and description of applicant.
(c) State object of application. NOTE-If you do not attend, either in
person or by your solicitor, at the time and place above-mentioned,
such order will be made, and proceedings taken as the court may think
just and expedient. (L.N. 50 of 1964)
____________
FORM 2
[rule 22] PETITION
(Title)
To the High Court of Hong Kong.
The humble petition of (a) showeth as follows-
1. The Company, Limited
(hereinafter called the company), was in the month
of , incorporated under the
Companies Ordinance (Chapter 32).
2. The registered office of the company is at (b)
3. The nominal capital of the company is $ ,
divided into
shares of $ each. The amount of the
capital paid up or credited as paid up is $
4. The objects for which the company was established are as follows- To
and other objects set forth in the memorandum of association thereof. [Here
set out in paragraphs the facts on which the petitioner relies, and conclude
as follows]:- Your petitioner therefore humbly prays as follows-
(1) That the Company, Limited, may be wound
up by the court under the provisions of the Companies Ordinance.
(2) Or that such other order may be made in the premises as shall be just.
(a) Insert full name, title, etc., of petitioner.
(b) State the
full address of the registered office so as sufficiently to show where it
is situate. NOTE-(d) It is intended to serve this petition on. (d) This note
will be unnecessary if the Company is petitioner. (L.N. 201 of 1984; 25 of
1998 s. 2)
____________
FORM 3
[rule 22]
PETITION BY UNPAID CREDITOR ON SIMPLE CONTRACT
(Title)
Paragraphs 1, 2, 3, and 4 as in Form 2. 5. The company is indebted to your
petitioner in the sum of $ for (a) 6. Your petitioner has made application to
the company for payment of his debt, but the company has failed and neglected
to pay the same or any part thereof. 7. The company is [insolvent and] unable
to pay its debts. 8. In the circumstances it is just and equitable that the
company should be wound up. Your petitioner, therefore, &c. [as in Form 2].
(a) State consideration for the debt, with particulars so as to establish
that the debt claimed is due.
____________
FORM 3A
[rule 22]
PETITION BY MINORITY SHAREHOLDER
(Title)
Paragraphs 1, 2, 3 and 4 as in Form 2. [Then set out in paragraphs the facts
on which the petitioner relies and continue as follows]:- In these
circumstances your petitioner submits that the affairs of the company are
being conducted in a manner unfairly prejudicial to a part of the members of
the company including your petitioner. Your petitioner therefore humbly prays
as follows:-
(1) [Here set out remedy sought and conclude]
(2) Or that such other order may be made in the premises as shall be just.
NOTE-It is intended to serve this petition on. (L.N. 178 of 1978)
____________
FORM 4
[rule 24]
ADVERTISEMENT OF PETITION
(Title)
Notice is hereby given that a petition for the winding up of the above-named
company by the High Court of Hong Kong was, on
the day
of , 19 ,
presented to the said court by the said company [or, as the case may be]. And
that said petition is directed to be heard before the court
at .m. on the day
of , 19 ; and any creditor or
contributory of the said company desirous to support or oppose the making of
an order on the said petition may appear at the time of hearing by himself or
his counsel for that purpose; and a copy of the petition will be furnished to
any creditor or contributory of the said company requiring the same by the
undersigned on payment of the regulated charge for the same. Signed (b) [Name]
(c) [Address] (c) NOTE-Any person who intends to appear on the hearing of the
said petition must serve on or send by post to the above-named, notice in
writing of his intention so to do. The notice must state the name and address
of the person, or, if a firm, the name and address of the firm, and must be
signed by the person or firm, or his or their solicitor (if any), and must be
served, or if posted, must be sent by post in sufficient time to reach the
above-named not later than 6 o'clock in the afternoon of the
of 19 . (b) To be signed by
the solicitor to the petitioner or by the petitioner if he has no solicitor.
(c) The name and address of the petitioner and the solicitor, if any, to
the petitioner should be stated. (L.N. 201 of 1984; 25 of 1998 s. 2;
46 of 2000 s. 40)
____________
FORM 4A
[rule 24]
ADVERTISEMENT OF PETITION BY MINORITY SHAREHOLDER
(Title)
Notice is hereby given that a petition for an Order that (a) or for such other
order as shall be just was presented to the High Court
of Hong Kong on the day of
19 by (b). And that the said petition is directed to be heard
before the Court at on the day
of 19 ; and any creditor or contributory of
the said company desirous to support or oppose the making of an order on the
said petition may appear at the time of hearing in person or by his counsel
for that purpose; and a copy of the petition will be furnished by the
undersigned to any creditor or contributory of the said company requiring such
copy on payment of the regulated charge for the same. Signed (c) [Name]
[Address] NOTE-Any person who intends to appear on the hearing of the said
petition must serve on or send by post to the above-named, notice in writing
of this intention so to do. The notice must state the name and address of the
person, or, if a firm, the name and address of the firm, and must be signed by
the person or firm, or his or their solicitor (if any), and must be served, or
if posted, must be sent by post in sufficient time to reach the above-named
not later than 6 o'clock in the afternoon of the
of , 19 . (a) Insert remedy
sought in prayer of petition.
(b) Insert name and address of petitioner.
(c) To be signed by the solicitor to the petitioner or by the petitioner
if he has no solicitor. (L.N. 178 of 1978; 25 of 1998 s. 2)
____________
FORM 5
[rule 25]
AFFIDAVIT OF SERVICE OF PETITION ON MEMBERS,
OFFICERS, OR SERVANTS, &C.
(Title)
In the matter of a petition dated
I, ,
of , make oath and say-
1. [In the case of service of petition on a company by leaving it with a
member, officer, or servant at the registered office, or if no registered
office at the principal or last known principal place of business of the
company.]
That I did on day, the day
of , 19 , serve the above-named company with
the above-mentioned petition by delivering to and leaving with [name and
description] a member (or officer) (or servant) of the said company a copy of
the above-mentioned petition, duly sealed with the seal of the court, at
[office or place of business as aforesaid], before the hour
of in the noon.
2. [In the case of no member, officer, or servant of the company being found
at the registered office or place of business.]
That I did on day, the day
of , 19 , having failed to find any
member, officer, or servant of the above-named company at [here state
registered office or place of business], leave there a copy of the
above-mentioned petition, duly sealed with the seal of the court, before
the hour of in the noon [add with
whom such sealed copy was left, or where, e.g. affixed to door of offices, or
placed in letter box, or otherwise]. 3. [In the case of directions by the
court as to the member, or members, officer, or servant of the company to be
served.]
That I did on day, the day
of , 19 , serve [name or names and
description] with a copy of the above-mentioned petition, duly sealed with the
seal of the court, by delivering the same personally to the
said , at [place] before the hour
of in the noon.
4. The said petition is now produced and shown to me, marked "A". Sworn at,
&c.
____________
FORM 6
[rule 25 ]
AFFIDAVIT OF SERVICE OF PETITION ON LIQUIDATOR
(Title)
In the matter of a petition, dated , for
winding up the above company [by] or [under the supervision of] the court [as
the case may be].
I, , of , make oath and
say-
That I did on day, the day
of , 19 , serve [name and description] the
liquidator of the above-named company, with a copy of the above-mentioned
petition, duly sealed with seal of the court, by delivering the same
personally to the said
at [place], before the hour of in
the noon.
The said petition is now produced and shown to me, marked "A". Sworn at, &c.
____________
FORM 7
[rule 26]
AFFIDAVIT VERIFYING PETITION
(Title)
I, A.B., of &c., make oath and say, that such of the statements in the
petition now produced and shown to me, and marked with the letter "A", as
relate to (a) my own acts and deeds are true, and such of the said statements
as relate to the acts and deeds of any other person or persons I believe to be
true. Sworn, &c.
(a) If the petition is by a firm, insert "the acts and deeds of my said firm".
____________
FORM 8
[rule 26]
AFFIDAVIT VERIFYING PETITION OF A LIMITED COMPANY
(Title)
I, A.B., of, &c., make oath and say as follows-
1. I am (a director) (the secretary)
of Company, Limited, the petitioner in
the above matter, and am duly authorized by the said petitioner to make this
affidavit on its behalf.
2. That such of the statements in the petition now produced and shown to me
marked with the letter "A", as relate to the acts and deeds of the said
petitioner or to my own acts and deeds, are true, and such of the statements
in the said petition as relate to the acts and deeds of any other corporation,
person or persons, I believe to be true.
Sworn, &c.
____________
FORM 9
[rule 28]
ORDER APPOINTING A PROVISIONAL LIQUIDATOR AFTER
PRESENTATION OF PETITION, AND BEFORE ORDER TO WIND UP
the day
of , 19 .
(Title)
Upon the application, &c., and upon reading, &c., the court doth hereby
appoint the Official Receiver (or as may be) to be provisional liquidator of
the above-named company. And the court doth hereby limit and restrict the
powers of the said provisional liquidator to the following acts, that is to
say [describe the acts which the provisional liquidator is to be authorized to
do and the property of which he is to take possession].
NOTE-It will be the duty of the person who is at the time secretary or chief
officer of the company and of such of the persons who are liable to make out
or concur in making out the company's statement of affairs as the
Official Receiver or provisional liquidator may require, to attend on the
Official Receiver or provisional liquidator at such time and place as he may
appoint and to give him all information he may require.
(46 of 2000 s. 40)
____________
FORM 10
[rule 30]
NOTICE OF INTENTION TO APPEAR ON PETITION
(Title)
Take notice that A.B., of (a) a creditor for
$ of (or contributory holding
(b) shares in) the above company intends
to appear on the hearing of the petition advertised to be heard on
the day of ,
19 , and to support (or oppose) such petition.
(Signed) (c)
[Address] To (a) State full name, or if a firm, the name of the firm and
address.
(b) State number and class of shares held.
(c) To be signed by the person or his solicitor or agent.
____________
FORM 11
[rule 31]
LIST OF PARTIES ATTENDING THE HEARING OF A PETITION
(Title)
The following are the names of those who have given notice of their intention
to attend the hearing of the petition herein, on
the day of , 19 .
Name
Address Name and
address of
solicitor of party who has given notice
Creditors. Amount of debt
Contributories. Number of
shares
Opposing
Supporting
____________
FORM 12
[rule 34]
NOTIFICATION TO OFFICIAL RECEIVER OF WINDING-UP ORDER
(Title)
To the Official Receiver
(Address)
Order pronounced this day by [or, as the case may be] for winding up the
under-mentioned company under the Companies Ordinance (Chapter 32).
Name of company
Registered office
of company
Petitioner's
solicitor
Date of presentation
of petition
____________
FORM 13
[rule 34]
NOTIFICATION TO OFFICIAL RECEIVER OF ORDER PRONOUNCED
FOR APPOINTMENT OF PROVISIONAL LIQUIDATOR PRIOR TO
WINDING-UP ORDER BEING MADE
(Title)
To the Official Receiver
(Address)
Order pronounced this day by [or, as the case may be] for the appointment of
the Official Receiver (or, as the case may be, the name, address and
description of the person appointed) as provisional liquidator prior to any
winding-up order being made.
Name of company
Registered office
of company
Petitioner's
solicitor
Date of presentation
of petition
____________
FORM 14
[rule 35]
ORDER FOR WINDING UP BY THE COURT
day of , 19 .
(Title)
Upon the petition of the above-named company (or A.B., of &c., a creditor
(or contributory) of the above-named company), on the day
of , 19 , preferred unto the court, and
upon hearing for the petitioner, and
for and upon reading the said
petition, an affidavit of (the said petitioner), filed, &c., verifying the
said petition, an affidavit of L.M., filed the day
of , 19 , the Gazette of the day
of , 19 , the
newspaper of the day of
(enter any other papers), each containing an advertisement of the said
petition (enter any other evidence), this court doth order that the
said company be wound up by this court under
the provisions of the Companies Ordinance (Chapter 32).
And it is ordered that the costs of of the
said petition be taxed and paid out of the assets of the said company.
NOTE-It will be the duty of the secretary and of every officer of the company
and of such of the persons who are liable to make out or concur in making out
the company's statement of affairs, as the Official Receiver or provisional
liquidator may require, to attend on the Official Receiver or provisional
liquidator at such time and place as he may appoint and to give him all
information he may require. (L.N. 201 of 1984; 46 of 2000 s. 40)
____________
FORM 15 (Repealed L.N. 201 of 1984)
____________
FORM 16
[rule 36(1)]
NOTICE OF ORDER TO WIND UP (FOR NEWSPAPER)
THE COMPANIES ORDINANCE
(Chapter 32)
In the matter of , Limited.
Winding-up order made ,
19 .
Date and place of first meetings-
Creditors ,
19 , at
Contributories ,
19 , at
Official Receiver and Provisional Liquidator
____________
FORM 17
[rule 38]
AFFIDAVIT BY SPECIAL MANAGER VERIFYING ACCOUNT
(Title)
I, ,
of make oath and say as follows-
1. The account hereunto annexed, marked with the letter "A", produced and
shown to me at the time of swearing this my affidavit, and purporting to be my
account as special manager of the estate or business of the above-named
company, contains a true account of all and every sums and sum of money
received by me or by any other person or persons by my order or to my
knowledge or belief for my use on account or in respect of the said estate or
business. 2. The several sums of money mentioned in the said account hereby
verified to have been paid or allowed have been actually and truly so paid and
allowed for the several purposes in the said account mentioned. 3. The said
account is just and true in all and every items and particulars therein
contained, according to the best of my knowledge and belief. Sworn, &c. (L.N.
587 of 1995)
____________
FORM 18
[rule 109]
NOTICE TO CREDITORS OF FIRST MEETING
(Title)
(Under the order for winding up the above-named company,
dated the day of
, 19 .)
Notice is hereby given that the first meeting of creditors in the above
matter will be held at on the day
of 19 , at o'clock in
the noon.
To entitle you to vote thereat your proof must be lodged with me not later
than o'clock on the day
of , 19 .
Forms of proof and of general and special proxies are enclosed herewith.
Proxies to be used at the meeting must be lodged with me not later
than o'clock on the day of ,
19 .
Address
(The statement of the company's affairs (a)
Note
)
At the first meetings of the creditors and contributories they may amongst
other things- 1. By resolution determine whether or not an application is to
be made to the court to appoint a liquidator in place of the provisional
liquidator. 2. By resolution determine whether or not an application shall be
made to the court for the appointment of a committee of inspection to act with
the liquidator, and who are to be the members of the committee if appointed.
(a) Here insert "has not been lodged" or "has been lodged, and summary is
enclosed".
(46 of 2000 s. 40)
____________
FORM 19
[rule 109]
NOTICE TO CONTRIBUTORIES OF FIRST MEETING
(Title)
Notice is hereby given that the first meeting of the contributories in the
above matter will be held at on the day
of , 19 , at o'clock in
the noon.
Forms of general and special proxies are enclosed herewith. Proxies to be used
at the meeting must be lodged with me not later than
o'clock on the day of , 19 .
Dated this day
of , 19 .
Address
(The company's statement of affairs (a) ).
Note
At the first meetings of creditors and contributories they may amongst other
things-
1. By resolution determine whether or not an application shall be made to the
court to appoint a liquidator in place of the provisional liquidator.
2. By resolution determine whether or not an application shall be made to the
court for the appointment of a committee of inspection to act with the
liquidator, and who are to be the members of the committee if appointed.
(a) Here insert "has not been lodged" or "has been lodged, and summary is
enclosed".
(46 of 2000 s. 40)
____________
FORM 20
[rule 110]
NOTICE TO DIRECTORS AND OFFICERS OF COMPANY TO ATTEND
FIRST MEETING OF CREDITORS OR CONTRIBUTORIES
(Title)
Take notice that the first meeting of creditors [or contributories] will
be held on the day of ,
19 , at o'clock at (a)
and that you are required to attend thereat, and give such information as the
meeting may require.
Dated this day
of , 19 .
To (b)
(a) Here insert place where meeting will be held.
(b) Insert name of person required to attend. NOTE-The failure of any
director or officer to attend will be reported to the court.
(46 of 2000 s. 40)
____________
FORM 21
[rule 123(2)]
MEMORANDUM OF PROCEEDINGS AT ADJOURNED FIRST MEETING
(No quorum)
(Title)
Before
at on the day
of , 19 , at o'clock.
Memorandum-The adjourned meeting of (a)
in the above matter was held at the time and place above-mentioned; but it
appearing that there was not a quorum of (a)
qualified to vote present or represented, no resolution was passed, and the
meeting was not further adjourned.
Chairman
(a) Insert "creditors" or "contributories", as the case may be.
____________
FORM 22
[rule 130]
LIST OF CREDITORS (a) PRESENT TO BE USED AT EVERY MEETING (a) "or
contributories".
(Title)
Meeting held at this day of
, 19 .
Number
Names of creditors (a) present or represented
Amount of
proof (b)
1
2
3
4
5
6
7
7
Total number of creditors (a) present or represented. $ ￠
(b) In case of contributories insert "number of shares" and "number of votes
according to the regulations of the company".
____________
Page 1 FORM 23
Rule 39 of the Companies (Winding-up) Rules
IN THE HIGH COURT OF HONG KONG
COMPANIES (WINDING-UP) NO. of 19
In the matter of ___________________________________ and In the matter of the
Companies Ordinance (Chapter 32).
STATEMENT OF AFFAIRS on the ________ day of ____________ 19 ______ , the date
of the Winding-up Order (or such other date as the liquidator has for special
reasons directed).
Notes
(1) Please complete this Statement of Affairs and such of the attached lists
A, B, C, D, E, F, G, H, I and J as are applicable. If there is a dispute about
any amount due to or by the wound-up company please specify this in the
relevant list and supply details in a separate schedule which should be signed
and attached as part of the Statement of Affairs.
(2) Please do not insert figures in the shaded areas.
I-AS REGARDS CREDITORS List Reference
Particulars Amount
$ Amount
$
ASSETS A (1) Various assets B (2) Debts due to the company C (3) Excess value
of assets pledged as security to creditors fully secured D (4) Unpaid calls
(5) Total Assets, i.e. total of items (1) to (4) above
LIABILITIES E (6) Claims and amounts due to employees and Government
departments F (7) Debenture holders
(8) Subtotal, i.e. total of items (6) and (7) above C (9) Secured creditors
(net of security)-i.e. after deducting the amount of the security G (10)
Unsecured creditors and other liabilities H (11) Contingent liabilities
(12) Subtotal,
i.e. total of items (9) to (11) above
(13) Total Liabilities, i.e. total of items (8) and (12) above
(14) Estimated surplus/(deficiency) subject to cost of liquidation carried
forward to item (15) on page 2, i.e. total assets as in item (5) less total
liabilities as in item (13).
$
Page 2
II-AS REGARDS CONTRIBUTORIES List Reference
Particulars Amount
$ Amount
$
(15) Estimated surplus/(deficiency) brought forward from page 1
CAPITAL ISSUED AND ALLOTTED, viz:-
(16) Ordinary Shares of $ _______ per share I (17) No. of Ordinary Shares
issued as fully paid __________
(specify no. of shares) I (18) No. of Ordinary Shares issued as partially
paid, i.e.
amount called up for __________ shares at $ ______
(specify no. of shares)
per share
(19) Total for ordinary share capital fully paid and called up, i.e. total of
items (17) and (18) above I (20) Any other type of shares or capital issued
(give particulars)
(21) Subtotal for item (20)
(22) Total of items (19) and (21) above
(23)
$
TOTAL SURPLUS/(DEFICIENCY) AS PER ITEM (15) OF THE DEFICIENCY ACCOUNT IN LIST
J i.e. item (15) less item (22)
AFFIDAVIT OR AFFIRMATION
Notes: (1) The Commissioner is particularly requested, before swearing the
Affidavit or making the Affirmation, to ascertain that the full name, address
and description of the Deponent are stated, and to initial all crossings-out
or other alterations on the printed form. A deficiency in the
Affidavit/Affirmation in any of the above respects will entail its refusal by
the court, and will necessitate it being re-sworn/re-affirmed.
(2) Where the liquidator has directed any date other than the date of the
winding-up order, substitute such other date.
(3) An asterisk (*) signifies that the inapplicable words should be deleted.
I/We, , of * make oath and say that the
* solemnly and sincerely affirm foregoing Statement and the several Lists
hereunto annexed marked __________________________ are, to the best of my/our
knowledge and belief, a full, true, and complete statement of affairs of the
above-named Company, on the _______ day of _____________ 19 _____, the date of
the Winding-up Order (see Note 2).
*Sworn at/*Affirmed at ________________________ in Hong Kong. this _________
day of ______________ 19 _____.
Before me.
A Commissioner, etc.
(Signature)
LIST A
VARIOUS ASSETS
Full particulars of every description of assets not included in any other
lists should be specified in this list. If the space allotted to items (a) to
(h) below is not adequate, please provide the requisite information by
attaching additional schedule(s) and completing item (j) below.
Particulars
Estimated to produce
$
(a) Cash at bank (Please specify the name(s) of the bank(s) and all
account numbers)
(b) Cash in hand
(c) Stock in trade
Cost $
(d) Plant and machinery
Cost $
(e) Investment in stocks
Cost $ or shares, etc. (Please provide details)
(f) Land and buildings
Cost $
(g) Security held by the company in respect of loans granted to others
(Please provide details)
(h) Any other assets (Please provide details)
(i) Total (show the total under "Assets" on page 1 of the Statement
of Affairs)
$
(j) * additional schedule(s) are
attached/*No additional schedule(s) are attached.
(specify no.)
Dated this day
of 19
. (Signature)
(*delete the inapplicable words)
Page 1
LIST B
DEBTS DUE TO THE COMPANY
Show the total of column (vi) of $ ............... under "Assets" on page 1 of
the Statement of Affairs
(i)
No. (ii)
Name of
debtor (iii)
Address (iv)
Amount of debt
$ (v)
Date
when
contracted (vi)
Estimated to produce
$ (vii)
Folio of ledger
or other book
where particulars
to be found (viii)
Nature of debt and particulars of any securities held for
debt 1. ........................ ............................
.................. .................. .................
....................... ............................. 2.
........................ ............................ ..................
.................. ................. .......................
............................. 3. ........................
............................ .................. ..................
................. ....................... ............................. 4.
........................ ............................ ..................
.................. ................. .......................
............................. 5. ........................
............................ .................. ..................
................. ....................... ............................. 6.
........................ ............................ ..................
.................. ................. .......................
............................. 7. ........................
............................ .................. ..................
................. ....................... ............................. 8.
........................ ............................ ..................
.................. ................. .......................
............................. 9. ........................
............................ .................. ..................
................. ....................... ............................. 10.
........................ ............................ ..................
.................. ................. .......................
............................. 11. ........................
............................ .................. ..................
................. ....................... ............................. 12.
........................ ............................ ..................
.................. ................. .......................
............................. 13. ........................
............................ .................. ..................
................. ....................... ............................. 14.
........................ ............................ ..................
.................. ................. .......................
............................. 15. ........................
............................ .................. ..................
................. ....................... .............................
Dated this day of 19 . (Signature)
Notes: (1) If the company is also indebted to any of the above-mentioned
debtor(s), please specify in column (iii) both the amount of the company's
debt due to the debtor and the amount due from the debtor. The net amount due
to the company by the debtor should be inserted in columns (iv) and
(vi). If, however, the amount owed by the company to the "debtor" is
greater than the amount that the debtor owes the company, do not insert any
amount in this list but use List G for the purpose.
(2) To substantiate the amount of debt, copies of the relevant source
documents should be attached.
LIST B (CONTINUED)
DEBTS DUE TO THE COMPANY
(i)
No. (ii)
Name of
debtor (iii)
Address (iv)
Amount of debt
$ (v)
Date
when contracted (vi)
Estimated to produce
$ (vii)
Folio of ledger or
other book where
particulars to be
found (viii)
Nature of debt
and particulars
of any securities
held for debt
............................... ....................................
....................... ....................... .......................
.................................... ..................................
............................... ....................................
....................... ....................... .......................
.................................... ..................................
............................... ....................................
........................ ....................... .......................
.................................... ..................................
............................... ....................................
....................... ....................... .......................
.................................... ..................................
............................... ....................................
....................... ....................... .......................
.................................... ..................................
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.................................... ..................................
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....................... ....................... .......................
.................................... ..................................
............................... ....................................
....................... ....................... .......................
.................................... ..................................
............................... ....................................
....................... ....................... .......................
.................................... ..................................
............................... ....................................
....................... ....................... .......................
.................................... ..................................
............................... ....................................
....................... ....................... .......................
.................................... ..................................
............................... ....................................
....................... ....................... .......................
.................................... ..................................
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....................... ....................... .......................
.................................... ..................................
............................... ....................................
....................... ....................... .......................
.................................... ..................................
............................... ....................................
....................... ....................... .......................
.................................... ..................................
............................... ....................................
....................... ....................... .......................
.................................... ..................................
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....................... ....................... .......................
.................................... ..................................
Dated this day of 19 . (Signature)
LIST C
SECURED CREDITORS (either fully or partly secured but excluding debenture
holders for whom List F should be used)/EXCESS VALUE OF ASSETS PLEDGED AS
SECURITY TO CREDITORS
(i)
No. (ii)
Name of creditor or claimant (iii)
Address (iv)
Amount owed to creditor
$ (v)
Date when contracted (vi)
Particulars of
the asset
being held or
claimed or
pledged as
security (vii)
Date
when
security
given (viii)
Estimated value of
the asset
in column
(vi)
$ (ix)
Estimated excess i.e. (viii) less
(iv)
$ (x)
Net indebtedness
i.e. (iv) less
(viii)
$ 1. ................. ....................... ........... ...............
................... ............ ............... ...............
..................... 2. ................. ....................... ...........
............... ................... ............ ...............
............... ..................... 3. .................
....................... ........... ............... ...................
............ ............... ............... ..................... 4.
................. ....................... ........... ...............
................... ............ ............... ...............
..................... 5. ................. ....................... ...........
............... ................... ............ ...............
............... ..................... 6. .................
....................... ........... ............... ...................
............ ............... ............... ..................... 7.
................. ....................... ........... ...............
................... ............ ............... ...............
..................... 8. ................. ....................... ...........
............... ................... ............ ...............
............... ..................... 9. .................
....................... ........... ............... ...................
............ ............... ............... ..................... 10.
................. ....................... ........... ...............
................... ............ ............... ...............
..................... 11. ................. .......................
........... ............... ................... ............ ...............
............... ..................... 12. .................
....................... ........... ............... ...................
............ ............... ............... ..................... 13.
................. ....................... ........... ...............
................... ............ ............... ...............
..................... 14. ................. .......................
........... ............... ................... ............ ...............
............... ..................... 15. .................
....................... ........... ............... ...................
............ ............... ............... .....................
Total amount owed to creditors, i.e. total of column (iv) Total value of
security, i.e. total of column (viii)
Show the total of column (ix) under "Assets" at item (3) on page 1 of the
Statement of Affairs
Show the total of column (x) under "Liabilities" at item (9) on page 1 of the
Statement of Affairs
Dated this day of 19
. (Signature)
Note: If the amount due to the fully-secured creditor (as stated in column
(iv) above) is the same as the estimated value of security (as
stated in column (viii) above), please specify a "Nil" amount
in columns (ix) and
(x) . If any estimated surplus from security as reflected in column
(ix) above is further pledged to any other creditor as partial
security, that surplus should be deleted from column (ix) and
shown in column (viii) for that other creditor instead. Such
surplus should then be deducted from the relevant amount due to
that other creditor before extending the amount to either
column (ix) or (x), whichever is appropriate.
LIST D
UNPAID CALLS (i.e. amount called up but not yet paid by the shareholder)
(i)
No. (ii)
No. in
share
register (iii)
Name of Shareholder (iv)
Address (v)
No. of
shares
held (vi)
Amount of call per
share unpaid
$ (vii)
Total amount due
i.e. (vi) multiplied
by (v)
$ (viii)
Estimated to realize
$ 1. .............. ................... ...................................
.............. ............................. .........................
................... 2. .............. ...................
................................... ..............
............................. ......................... ................... 3.
.............. ................... ...................................
.............. ............................. .........................
................... 4. .............. ...................
................................... ..............
............................. ......................... ................... 5.
.............. ................... ...................................
.............. ............................. .........................
................... 6. .............. ...................
................................... ..............
............................. ......................... ................... 7.
.............. ................... ...................................
.............. ............................. .........................
................... 8. .............. ...................
................................... ..............
............................. ......................... ................... 9.
.............. ................... ...................................
.............. ............................. .........................
................... 10. .............. ...................
................................... ..............
............................. ......................... ...................
11. .............. ................... ...................................
.............. ............................. .........................
................... 12. .............. ...................
................................... ..............
............................. ......................... ...................
13. .............. ................... ...................................
.............. ............................. .........................
................... 14. .............. ...................
................................... ..............
............................. ......................... ...................
15. .............. ................... ...................................
.............. ............................. .........................
...................
Totals (show the total of column (viii) under "Assets" on page 1 of the
Statement of Affairs) $
Dated this day of 19 . (Signature)
LIST E
CLAIMS AND AMOUNTS DUE TO EMPLOYEES AND GOVERNMENT DEPARTMENTS (e.g. Wages,
Rates, Taxes, etc.)
(i)
No. (ii)
Name of creditor or claimant (iii)
Address (iv)
Nature of claim (v)
Period during
which claim
accrued (vi)
Due date for payment (vii)
Amount of
claim
$ 1. ............................
............................................... .........................
................... .................. ..................... 2.
............................ ...............................................
......................... ................... ..................
..................... 3. ............................
............................................... .........................
................... .................. ..................... 4.
............................ ...............................................
......................... ................... ..................
..................... 5. ............................
............................................... .........................
................... .................. ..................... 6.
............................ ...............................................
......................... ................... ..................
..................... 7. ............................
............................................... .........................
................... .................. ..................... 8.
............................ ...............................................
......................... ................... ..................
..................... 9. ............................
............................................... .........................
................... .................. ..................... 10.
............................ ...............................................
......................... ................... ..................
..................... 11. ............................
............................................... .........................
................... .................. ..................... 12.
............................ ...............................................
......................... ................... ..................
..................... 13. ............................
............................................... .........................
................... .................. ..................... 14.
............................ ...............................................
......................... ................... ..................
..................... 15. ............................
............................................... .........................
................... .................. .....................
Show the total of column (vii) under "Liabilities" on page 1 of the Statement
of Affairs $
Dated this day of 19 . (Signature)
LIST F
DEBENTURE HOLDERS (excluding Secured Creditors for whom List C should be used)
Should there be more than one issue of debentures, separate list must be
provided of holders of each issue of debenture.
(i)
No. (ii)
Date of debenture (iii)
Name of
debenture
holder (iv)
Address (v)
Amount
$ (vi)
Description of assets over
which security extends 1. .............. ...................
...........................................................................
...................... ........... .................... 2. ..............
...................
...........................................................................
...................... ........... .................... 3. ..............
...................
...........................................................................
...................... ........... .................... 4. ..............
...................
...........................................................................
...................... ........... .................... 5. ..............
...................
...........................................................................
...................... ........... .................... 6. ..............
...................
...........................................................................
...................... ........... .................... 7. ..............
...................
...........................................................................
...................... ........... .................... 8. ..............
...................
...........................................................................
...................... ........... .................... 9. ..............
...................
...........................................................................
...................... ........... .................... 10. ..............
...................
...........................................................................
...................... ........... .................... 11. ..............
...................
...........................................................................
...................... ........... .................... 12. ..............
...................
...........................................................................
...................... ........... .................... 13. ..............
...................
...........................................................................
...................... ........... .................... 14. ..............
...................
...........................................................................
...................... ........... .................... 15. ..............
...................
...........................................................................
...................... ........... ....................
Show the total of column (v) under "Liabilities" on page 1 of the Statement of
Affairs $
Dated this day of 19 . (Signature)
Page 1
LIST G
UNSECURED CREDITORS AND OTHER LIABILITIES
Show the total of column (iv) of $ .............. under "Liabilities" on page
1 of the Statement of Affairs
(i)
No. (ii)
Name of creditor or claimant (iii)
Address (iv)
Amount
$ (v)
Date when contracted (vi)
Consideration and the nature of liability 1.
.....................................
............................................. ......................
...................... .................................. 2.
.....................................
............................................. ......................
...................... .................................. 3.
.....................................
............................................. ......................
...................... .................................. 4.
.....................................
............................................. ......................
...................... .................................. 5.
.....................................
............................................. ......................
...................... .................................. 6.
.....................................
............................................. ......................
...................... .................................. 7.
.....................................
............................................. ......................
...................... .................................. 8.
.....................................
............................................. ......................
...................... .................................. 9.
.....................................
............................................. ......................
...................... .................................. 10.
.....................................
............................................. ......................
...................... .................................. 11.
.....................................
............................................. ......................
...................... .................................. 12.
.....................................
............................................. ......................
...................... .................................. 13.
.....................................
............................................. ......................
...................... .................................. 14.
.....................................
............................................. ......................
...................... .................................. 15.
.....................................
............................................. ......................
...................... ..................................
Dated this day of 19 . (Signature)
Notes: (1) If any creditor is also indebted to the company, please specify in
column (iii) both the amount due to the creditor and the amount owed by the
creditor. The net amount due by the company to the creditors should be
inserted in column (iv). If however, the amount owed
to the company by the "creditor" is more than the amount that the company owes
the creditor, do not insert any amount in this list but use List B for the
purpose.
(2) The particulars of any bills of exchange and promissory notes held by a
creditor should be inserted immediately below the name of such creditor.
(3) The names of any creditors who are also contributories, or alleged to be
contributories, of the company must be shown separately and described as such
at the end of the list.
LIST G (CONTINUED)
UNSECURED CREDITORS AND OTHER LIABILITIES
(i) No. (ii)
Name of creditor or claimant (iii)
Address (iv)
Amount
$ (v)
Date when contracted (vi)
Consideration and the nature of liability
.....................................
............................................. ......................
...................... ..................................
.....................................
............................................. ......................
...................... ..................................
.....................................
............................................. ......................
...................... ..................................
.....................................
............................................. ......................
...................... ..................................
.....................................
............................................. ......................
...................... ..................................
.....................................
............................................. ......................
...................... ..................................
.....................................
............................................. ......................
...................... ..................................
.....................................
............................................. ......................
...................... ..................................
.....................................
............................................. ......................
...................... ..................................
.....................................
............................................. ......................
...................... ..................................
.....................................
............................................. ......................
...................... ..................................
.....................................
............................................. ......................
...................... ..................................
.....................................
............................................. ......................
...................... ..................................
.....................................
............................................. ......................
...................... ..................................
.....................................
............................................. ......................
...................... ..................................
.....................................
............................................. ......................
...................... ..................................
.....................................
............................................. ......................
...................... ..................................
.....................................
............................................. ......................
...................... ..................................
.....................................
............................................. ......................
...................... ..................................
.....................................
............................................. ......................
...................... ..................................
Dated this day of 19 . (Signature)
LIST H
CONTINGENT LIABILITIES
(i) No. (ii)
Name of creditor
or claimant (iii)
Address
(iv)
Amount
$ (v)
Date when contracted (vi)
Consideration and the nature of liability 1. ...............................
........................................................ ...............
................. ...................................... 2.
...............................
........................................................ ...............
................. ...................................... 3.
...............................
........................................................ ...............
................. ...................................... 4.
...............................
........................................................ ...............
................. ...................................... 5.
...............................
........................................................ ...............
................. ...................................... 6.
...............................
........................................................ ...............
................. ...................................... 7.
...............................
........................................................ ...............
................. ...................................... 8.
...............................
........................................................ ...............
................. ...................................... 9.
...............................
........................................................ ...............
................. ...................................... 10.
...............................
........................................................ ...............
................. ...................................... 11.
...............................
........................................................ ...............
................. ...................................... 12.
...............................
........................................................ ...............
................. ...................................... 13.
...............................
........................................................ ...............
................. ...................................... 14.
...............................
........................................................ ...............
................. ...................................... 15.
...............................
........................................................ ...............
................. ......................................
Show the total of column (iv) under "Liabilities" on page 1 of the Statement
of Affairs
$
Dated this day of 19 . (Signature)
LIST I
LIST OF SHAREHOLDERS
Type of Shares - *Ordinary Shares of $ _______ each nominal value (*delete
whichever - *Preference Shares of $ ______ each at ______ % nominal value is
inapplicable) - *Others (please specify) ______________________________
(vii) Total amount i.e. (vi) multiplied by (v)
(i)
No. (ii) No. in share register (iii)
Name of shareholder (iv)
Address (v) No. of shares held (vi) Amount per share
fully paid/called up $ Fully paid $ Called up $ (viii) Total amount not called
up (if any) $ 1. ............. ................. .........................
........... ......................... .....................
................... ................... 2. ............. .................
......................... ........... .........................
..................... ................... ................... 3. .............
................. ......................... ...........
......................... ..................... ...................
................... 4. ............. .................
......................... ........... .........................
..................... ................... ................... 5. .............
................. ......................... ...........
......................... ..................... ...................
................... 6. ............. .................
......................... ........... .........................
..................... ................... ................... 7. .............
................. ......................... ...........
......................... ..................... ...................
................... 8. ............. .................
......................... ........... .........................
..................... ................... ................... 9. .............
................. ......................... ...........
......................... ..................... ...................
................... 10. ............. .................
......................... ........... .........................
..................... ................... ................... 11.
............. ................. ......................... ...........
......................... ..................... ...................
................... 12. ............. .................
......................... ........... .........................
..................... ................... ................... 13.
............. ................. ......................... ...........
......................... ..................... ...................
................... 14. ............. .................
......................... ........... .........................
..................... ................... ................... 15.
............. ................. ......................... ...........
......................... ..................... ...................
...................
Totals (show the totals of column (vii) under "Capital Issued and Allotted" on
page 2 of the Statement of Affairs) $
Dated this day of 19 . (Signature)
Notes: Separate list(s) should be used to provide a list of shareholders for
each type of share capital, i.e. use separate list(s) for ordinary
shareholders, preference shareholders, etc.
Page 1
LIST J
DEFICIENCY ACCOUNT
$
(1) Excess/(Deficiency) of Assets over Capital and Liabilities as per the
company's latest audited balance sheet as at
................................... (This and the previous balance sheet to be
annexed or handed to Official Receiver)
(2) Gross profit (loss) arising from carrying on business from the date
mentioned in (1) above or date of incorporation (whichever is the later) to
date of winding-up order (as per Trading Account annexed)
(3) Receipts, if any, during the same period as per item (2) from the
following sources (see note):-
(a) Interest on loans $
(b) Interest on deposits
(c) Other receipts (please specify)
(d) Amounts paid on shares issued and subsequently forfeited (as per list
annexed)
(4) Subtotal of items (3)(a) to (3)(d) above
(5) Total of items (1), (2) and (4)
LESS
(6) Expenditure incurred and payments, if any, during the same period as per
item (2):-
(i)
Amount paid
$ (ii)
Amount
outstanding at date
of winding-up
order
$ (iii)
Total
i.e. (i) + (ii)
$
(a) Salaries
(b) Wages not charged in Trading Account
(c) Rent
(d) Rates and taxes
(e) Legal costs
(f) Commission
(g) Interest on loans
(h) Interest on debentures
(i) Miscellaneous expenditure (as per details annexed)
(j) Directors' fees
(k) Dividends declared during same period
(7) Subtotal of items (6)(a) to (6)(k) above
(8) Amount carried forward to item (9) on next page, i.e. item (5) less item
(7) $
Page 2
LIST J
DEFICIENCY ACCOUNT (CONTINUED)
(9) Amount brought forward from previous page $
(10) Losses and depreciation, if any, written off in the company's books
during the same period as per item (2) (see note):-
(a) Bad debts $
(b) Losses on investments
(c) Depreciation of property
(d) Preliminary expenses written off
(e) Others (please specify)
(11) Subtotal of items (10)(a) to (10)(e) above
(12) Losses and depreciation not written off in company's books, now written
off in the Statement of Affairs (see note):-
(a) Bad debts
(b) Losses on investments
(c) Depreciation of property
(d) Preliminary expenses written off
(e) Others (please specify)
(13) Subtotal of items (12)(a) to (12)(e) above
(14) Total of items (11) and (13)
(15) SURPLUS/(DEFICIENCY) AS PER ITEM (23) IN PART II OF THE STATEMENT OF
AFFAIRS i.e. item (9) less item (14)
$
Note: Where particulars are numerous they should be inserted in a separate
schedule.
Dated this day
of 19
. (Signature)
(L.N. 24 of 1995; 25 of 1998 s. 2; 46 of 2000 s. 40)
____________
FORM 24
[rule 45]
REPORT OF RESULT OF MEETING OF CREDITORS OR CONTRIBUTORIES
In the matter, &c.
I, A.B., the Official Receiver of the court [or as the case may be] chairman
of a meeting of the creditors [or contributories] of the above-named company
summoned by advertisement [or notice] dated the
day of , 19 , and held on
the day
of
19 , at , in the ,
do hereby report to the court the result of such meeting as follows-
The said meeting was attended, either personally or by proxy, by
creditors whose proofs of debt against the said company were admitted for
voting purposes, amounting in the whole to the value of
$ [or by
contributories, holding in the
whole shares in the said company,
and entitled respectively by the regulations of the company to the number of
votes hereinafter mentioned].
The question submitted to the said meeting was, whether the creditors [or
contributories] of the said company wished that [here state proposal submitted
to the meeting].
The said meeting was unanimously of opinion that the said proposal should [or
should not] be adopted; [or the result of the voting upon such question was as
follows:] (a)
Voting on resolutions
(a) Here set out the majorities by which the respective resolutions were
carried.
For
Against
Resolutions at meetings No.
Amount No. Amount
(State the substance of any resolutions passed and give names of committee of
inspection (if any), and amount of their proofs if creditors or shares if
contributories).
CREDITORS-
No.
Shares
Votes No. Shares Votes
CONTRIBUTORIES-
Dated this day of
, 19 .
(Signed) H. T.
Chairman
____________
FORM 25
[rule 45] ORDER APPOINTING LIQUIDATOR
(Title)
the day of
Upon the application of the provisional liquidator of the above-named company,
by summons
dated and upon
hearing the applicant in person and upon reading the order to wind up the
said company dated , and the reports of
the provisional liquidator of the results of the meetings of creditors and
contributories made to the court and respectively dated
the (a)[, and the affidavit
of as to the fitness of the liquidator
hereinafter named
filed ]. It
is ordered that
of be
appointed liquidator of the above-named company.
(a) To be inserted only if such affidavit is required.
(b) It is also ordered that the following persons be appointed a committee
of inspection to act with the said liquidator, namely- (b) To be
struck out if no committee of inspection appointed. And it is ordered
that the said liquidator do within 7 days from the date of this order
give security to the satisfaction of the provisional liquidator as
provided by the Companies (Winding-up) Rules.
And notice of this order is to be gazetted and advertised in the (c).
(c) State name of newspaper (if any). (L.N. 286 of 1997; 46 of 2000 s. 40)
____________
FORM 26
[rule 47]
CERTIFICATE THAT LIQUIDATOR OR SPECIAL MANAGER HAS
GIVEN SECURITY
(Title)
This is to certify that A.B., of
, who was on the day
of , 19 , appointed liquidator
[or special manager] of the above-named company, has duly given security to
the satisfaction of the Official Receiver.
Dated this day
of , 19 .
(Signed) J.S.
Official Receiver
____________
FORM 27
[rule 45]
ADVERTISEMENT OF APPOINTMENT OF LIQUIDATOR
In the matter
of , Limited.
By order of the , dated the day
of 19
Mr.
of has been appointed liquidator of the
above-named company with [or without] a committee of inspection.
Dated this day
of , 19 .
____________
FORM 28
[rule 46]
Fee $3.00
Notice of Appointment of Liquidator
MEMBERS OF CREDITORS VOLUNTARY WINDING UP
OR WINDING UP BY THE COURT
Pursuant to Sections 195 and 253
Name of company or title of proceedings (as the case may be)
To The Registrar of Companies.
(a) I, (or We)
hereby give you notice that I (or we) have been appointed liquidator(s) of
Company, Limited by(b)
(Signature)
(c)
Dated this day of
, .
Presented for filing by
of
(a) Insert name(s) and
(i) Hong Kong Identity Card Number(s); or
(ii) Passport Number(s) together with the name(s) of the issuing country
(or countries).
(b) State whether appointed by resolution of the company or by the
creditors or by order of the court and give date of resolution or
order.
(c) To be signed by each liquidator if more than one. (L.N. 286 of 1997)
____________
FORM 29
[rules 50-52]
ORDER DIRECTING A PUBLIC EXAMINATION
(Title)
Upon reading the reports of the Official Receiver or liquidator, as the case
may be, in the above matter, dated respectively
the day of 19 ,
the day of
19 and
It is ordered that the several persons whose names and addresses are set forth
in the schedule hereto do attend before the court on a day and at a place to
be named for the purpose, and be publicly examined as to the promotion or
formation of the company, and as to the conduct of the business of the
company, and as to their conduct and dealings as directors or officers of the
company.
THE SCHEDULE REFERRED TO
Name
Address Connexion with the
company
(46 of 2000 s. 40)
____________
FORM 30
[rule 54]
ORDER APPOINTING A TIME FOR PUBLIC EXAMINATION
(Title)
Upon the application of the Official Receiver or liquidator, as the case may
be, in the above matter, it is ordered that the public examination
of who, by the order of the court dated
the day of 19 ,
was directed to attend before the court to be publicly examined, be held
at the Courts of Justice on the day of
19 , at o'clock in
the noon.
And it is ordered that the above-named do attend at the place and time
above-mentioned.
Dated this day
of , 19 .
NOTE-Notice is hereby given that if you, the above-named fail, without
reasonable excuse, to attend at the time and place aforesaid, you will be
liable to be committed to prison without further notice.
(46 of 2000 s. 40)
____________
FORM 31
[rule 54]
NOTICE TO ATTEND PUBLIC EXAMINATION
(Title)
Whereas by an order of this court, made on
the day of
19 , it was ordered that you, the undermentioned
should attend before the court on the day and at a place to be named for the
purpose, and be publicly examined as to the promotion or formation of the
company, and as to the conduct of the business of the company, and as to your
conduct and dealings as (a)
And whereas the day
of 19 , at
o'clock, in the noon, before
the sitting
at has been appointed as
the time and place for holding the said examination.
Notice is hereby given that you are required to attend at the said time and
place, and at any adjournments of the examination which may be ordered, and to
bring with you and produce all books, papers, and writing and other documents
in your custody or power in any way relating to the above-named company.
And take notice that if you fail, without reasonable excuse, to attend at such
time and place, and at the adjournments of the said public examination which
may be ordered, you will be liable to be committed to prison without further
notice.
Dated this day
of , 19 .
To
Official Receiver or liquidator, as the case may be
(a) Insert director or officer [or as the case may be.]
(46 of 2000 s. 40)
____________
FORM 32
[rule 60]
APPLICATION FOR APPOINTMENT OF SHORTHAND
WRITER TO TAKE DOWN NOTES OF PUBLIC
EXAMINATION AND ORDER THEREON
(Title)
Ex parte the Official Receiver or liquidator, as the case may be.
I, the Official Receiver or liquidator, as the
case may be, herein, do hereby, pursuant to rule 60 of the Companies
(Winding-up) Rules, apply to the court for an order for the appointment of of
to take down in shorthand the notes of examination of at their public
examination, the costs of taking such notes, and of making a transcript
thereof, to be paid in accordance with rule 60.
Dated this day
of , 19 .
Official Receiver or liquidator, as the case may be
Before
Upon the application of the Official Receiver or liquidator, as the case may
be, the court hereby
appoints of
to take down in shorthand the notes of examination of the persons mentioned in
the above application at their public examination, or at any adjournment
thereof pursuant to rule 60 of the Companies (Winding-up) Rules, the costs of
taking such notes, and of making a transcript thereof, to be paid in
accordance with rule 60.
Dated this day
of , 19 .
(46 of 2000 s. 40)
____________
FORM 33
[rule 60]
DECLARATION BY SHORTHAND WRITER
(Title)
Before
I, ,
of , the shorthand writer
appointed by this court to take down the examination
of , do solemnly and sincerely declare that I
will truly and faithfully take down the questions and answers put to and
given by the said in this matter, and will deliver
true and faithful transcripts thereof as the court may direct.
Dated this day of
, 19 .
[Declared before me at the time and place above-mentioned.]
____________
FORM 34
[rule 57]
NOTES OF PUBLIC EXAMINATION WHERE A
SHORTHAND WRITER IS APPOINTED
(Title)
Public examination of (a)
Before at the court
this day
of 19 .
The above-named , being sworn and examined at the
time and place above-mentioned, upon the several questions following being put
and propounded to him, gave the several answers thereto respectively following
each question, that is say:- A. These are the notes of the public examination
referred to in the
memorandum of public examination of , taken before me
this day of 19 .
(a) Mr. an officer [or as the case may be] of the above-named company.
____________
FORM 35
[rule 57]
NOTES OF PUBLIC EXAMINATION WHERE A
SHORTHAND WRITER IS NOT APPOINTED
(Title)
Public examination of (a)
Before at the court
Dated this day of 19 .
The above-named , being sworn and
examined at the time and place above-mentioned, upon his oath saith as
follows-
A.
These are the notes of the public examination referred to in the
memorandum of public examination of , taken before me
this day of 19 .
(a) Mr. an officer [or as the case may be] of the above-named company.
____________
FORM 36
[rule 61]
REPORT TO THE COURT WHERE PERSON
EXAMINED REFUSES TO ANSWER TO SATISFACTION
OF REGISTRAR OR OFFICER
(Title)
At the examination of (a)
held before me this day
of , 19 , the
following question was [allowed by me to be] put to the said
[ ].
Q. (b)
The (c) refused
to answer the said question.
(or) The (c) answered
the said question as follows:-
A. (d)
I thereupon named the day of
, 19 , at as the time and place for such [refusal to]
answer to be reported to the Hon. Mr.
Justice [or His Honour Mr.
Justice ].
Dated this day
of , 19 .
Registrar
[or as the case may be] (a) e.g. A.B., a person ordered to attend for
examination.
(b) Here state question.
(c) Witness.
(d) Here insert answers (if any).
____________
FORM 37
[section 222]
ORDER ON PERSONS TO ATTEND AT
CHAMBERS TO BE EXAMINED
(Title)
A.B. of &c., and E.F. of &c., are hereby severally ordered to attend at
(a)
on the day
of ,
at of the clock in the noon,
to be examined on the part of the Official Receiver [or the liquidator] for
the purpose of proceedings directed by the court to be taken in the above
matter. [And the said A.B. is hereby required to bring with him and produce,
at the time and place aforesaid, the documents mentioned in the schedule
hereto, and all other books, papers, deeds, writings, and other documents in
his custody or power in anywise relating to the above-named company.]
Dated this day
of , 19 .
This order was made on the application of Messrs. C. and D., of Solicitors for
The schedule above referred to (a) State place of examination.
____________
FORM 38
[rule 56]
WARRANT AGAINST PERSON WHO FAILS
TO ATTEND EXAMINATION
(Title)
To the bailiff of our said court, and to each and all the police officers of
Hong Kong and to the Commissioner of Correctional Services.
WHEREAS by an order of this court, made on the day
of , 19 , (a)
was ordered to attend before the court on a day and at a place to be named for
the purpose of being publicly examined.
(a) Name of person required to attend. AND WHEREAS by evidence taken upon
oath, it hath been made to appear to
the satisfaction of the court that the day
of , 19 , at
o'clock in the noon before the court sitting at the
Courts of Justice was appointed as the time and place for holding the said
examination, and that notice of the said order and of the said time and place
so appointed was duly served upon the said (a)
(AND WHEREAS the said (a) did without good
cause fail to attend on the said day
of , 19 , for the purpose of being
examined, according to the requirements of the said order of this court
made on the day of ,
19 , directing him so to
attend.)
(or, and that the said (a)
has absconded (or, and that there is good reason to believe that the
said (a) is about to abscond) with
a view to avoiding examination under the Companies Ordinance (Chapter 32)).
THESE ARE THEREFORE to require you the said bailiff and police officers to
take the said (a) and to deliver him to the Commissioner of Correctional
Services, and you the said Commissioner of Correctional Services to receive
the said (a)
and him safely keep in prison until such time as this Court may order.
Dated the day
of , 19 .
Registrar (L.N. 201 of 1984)
____________
FORM 38A
[rule 56]
ORDER FOR WARRANT OF ARREST OF PERSON WHO HAS
FAILED TO ATTEND PUBLIC EXAMINATION
(Title)
Upon the application of S.W. the Official Receiver or Liquidator of the
above-named company, as the case may be by summons dated
the day of ,
19 , and upon hearing the applicant in person and upon reading
the order to wind up the said company dated the
order dated ........................ and the affidavit of C.D. filed
..................... and the exhibits therein referred to and by which said
affidavit it has been made to appear to the court that by the said
order dated A.B. was
directed to attend before the court on a day to be named for the purpose and
be publicly examined as to the matters referred to in the said order and that
the ................... day of ..............................., at
.................. o'clock in the .................... noon at the Courts of
Justice, Hong Kong, were appointed as the day, time and place for holding the
said examination and it has also been duly proved by the said affidavit of
C.D. that the said order dated the ............................ and the notice
to attend such examination on the
............................................... at .....................
o'clock respectively had been duly served upon the said A.B. and it appearing
that the said A.B. without good cause failed to attend on the
............................................. in pursuance of the said order
of the (date). IT IS ORDERED that a warrant do issue for the arrest of the
said A.B.
Dated the day
of , 19 .
Registrar
(25 of 1998 s. 2; 46 of 2000 s. 40)
____________
FORM 39
[rule 63] DISCLAIMER
(Title)
Pursuant to an order for the court dated
the day of ,
19 ,
I, the
liquidator of the above-named company, hereby disclaim all interest in the
lease dated the day
of , 19 , whereby the premises
(a) were demised
to at a rent of
$ per annum for a term
of . Notice of this disclaimer has
been given to
Dated this day
of , 19 .
Liquidator
(a) Insert description of the property
disclaimed.
____________
FORM 40
[rule 63]
NOTICE OF DISCLAIMER OF LEASE
(Title)
Take notice that, pursuant to an order of the court dated
the day of , 19 ,
I, ,
the liquidator of the above-named company, by writing under my hand
bearing date the day
of , 19 , disclaimed all interest in
the lease dated the day
of , 19 , whereby the premises (a)
were demised
to at a rent of $ per
annum for a term of
The above-mentioned disclaimer has been filed at the office of the Registrar
at the Courts of Justice and notice thereof filed in the Land Registry.
Dated this day
of , 19 .
Liquidator
To
(address)
(8 of 1993 s. 30)
(a) Insert description of the property disclaimed.
____________
FORM 41
[rule 67]
NOTICE BY LIQUIDATOR REQUIRING PAYMENT OF MONEY
OR DELIVERY OF BOOKS, &C., LIQUIDATOR
(Title)
Take notice that I, the undersigned (a)
have been appointed liquidator of the above-named company, and that you, the
under-mentioned (b)
, are required, within days after
service hereof, to pay to me [or deliver, convey, surrender, or transfer to or
into my hands] as liquidator of the said company at my office, situate at (c)
&c., the sum of $ , being the amount of debt
appearing to be due from you on your account with the said company [or any sum
or balance, books, papers, estate or effects], [or specifically describe the
property] now being in your hands, and to which the said company is entitled
[or otherwise as the case may be].
Dated this day
of , 19 .
(Signed)
Liquidator
To (b)
(Address) (a) Name of liquidator.
(b) Name of person to whom notice is addressed.
(c) Address of liquidator's office.
____________
FORM 42
[rule 68]
PROVISIONAL LIST OF CONTRIBUTORIES TO BE
MADE OUT BY LIQUIDATOR
(Title)
The following is a list of members of the company liable to be placed on the
list of contributories of the said company, made out by me from the books and
papers of the said company, together with their respective addresses and the
number of shares [or extent of interest] to be attributed to each and the
amount called up and the amount paid up in respect of such shares (or
interest) so far as I have been able to make out or ascertain the same. In the
first part of the list, the persons who are contributories in their own right
are distinguished. In the second part of the said list, the persons who are
contributories as being representatives of, or being liable to the debts of
others, are distinguished.
FIRST PART-CONTRIBUTORIES IN THEIR OWN RIGHT
Serial No.
Name
Address
Description
Number of shares [or extent of interest]
Amount
called up
(a)
Amount
paid up
(a)
$ $
SECOND PART-CONTRIBUTORIES AS BEING REPRESENTATIVES OF, OR LIABLE TO THE DEBTS
OF, OTHERS
Serial No.
Name
Address
Description
In what character included
Number of shares [or extent of interest]
Amount
called up
(a)
Amount paid up
(a)
$ $
(a) At date of commencement of winding up.
____________
FORM 43
[rule 69]
NOTICE TO CONTRIBUTORIES OF APPOINTMENT TO SETTLE
LIST OF CONTRIBUTORIES
(Title)
Take notice that I, the
liquidator of the above-named company, have appointed
the day of , 19 ,
at of the clock in the
noon, at (a)
, to settle the list of the contributories of the above-named company, made
out by me, pursuant to the Companies Ordinance (Chapter 32), and the rules
thereunder, and that you are included in such list. The character and the
number of shares [or extent of interest] in and for which you are included and
the amount called up and the amount paid up in respect of such shares (or
interest) is stated below; and if no sufficient cause is shown by you to the
contrary at the time and place aforesaid, the list will be settled, including
you therein.
Dated this day
of , 19 .
Liquidator
(a) Insert place of appointment.
To Mr. A.B. [and to Mr. C.D., his solicitor]. ｝
No. on List
Name
Address
Description
In what character included
Number of shares [or extent of interest]
Amount called up (a)
Amount paid up
(a)
$ $
(a) At date of commencement of winding up.
____________
FORM 44
[rule 69]
AFFIDAVIT OF POSTAGE OF NOTICES OF APPOINTMENT TO
SETTLE LIST OF CONTRIBUTORIES
(Title)
I , a (a)
make oath and say as follows:-
1. That I did on the day
of , 19 , send to each
contributory mentioned in the list of contributories made out by the [Official
Receiver and] liquidator on the
day of , 19 , and now on the file of
proceedings of the above-named company, at the address appearing in such list,
a notice of the time and place of the appointment to settle the list of
contributories in the form hereunto annexed, marked "A", except that in the
tabular form at the foot of such copies respectively I inserted the number,
name, address, description, in what character included and (b)
the amount called up and the amount paid up in respect of the shares (or
interest) of the person on whom such copy of the said notice was served. 2.
That I sent the said notices by putting the same prepaid into the post office
at
before the hour of o'clock in
the noon on the said day .
Sworn, &c. (a) State the description of the deponent.
(b) "Number of shares" or "extent of interest".
____________
FORM 45
[rule 70]
CERTIFICATE OF LIQUIDATOR OF FINAL SETTLEMENT OF
THE LIST OF CONTRIBUTORIES
(Title)
Pursuant to the Companies Ordinance (Chapter 32), and to the rules made
thereunder, I, the undersigned, being the liquidator of the above-named
company, hereby certify that the result of the settlement of the list of
contributories of the above-named company, so far as the said list has been
settled, up to the date of this certificate, is as follows-
1. The several persons whose names are set forth in the second column of the
First Schedule hereto have been included in the said list of contributories as
contributories of the said company in respect of the (a)
set opposite the names of such contributories respectively in the said
schedule.
(a) "Number of shares" or "extent of interest". I have, in the first part of
the said schedule, distinguished such of the said several persons included in
the said list as are contributories in their own right.
I have, in the second part of the said schedule, distinguished such of the
said several persons included in the said list as are contributories as being
representatives of or being liable to the debts of others.
2. The several persons whose names are set forth in the second column of the
Second Schedule hereto, and were included in the provisional list of
contributories, have been excluded from the said list of contributories.
3. I have, in the sixth column of the first part of the First Schedule and in
the seventh column of the second part of the First Schedule and in the same
column of the Second Schedule, set forth opposite the name of each of the
several persons respectively the date when such person was included in or
excluded from the said list of contributories.
4. I have in the seventh and eighth columns of the first part of the First
Schedule hereto and in the eighth and ninth columns of the second part of the
said schedule, set forth opposite the names of each of the said persons
respectively the amount called up at the date of the commencement of the
winding up and the amount paid at such date in respect of their shares (or
interest).
5. Before settling the said list, I was satisfied by the affidavit of , clerk
to , duly filed with the proceedings herein, that notice was duly sent by post
to each of the persons mentioned in the said list, informing him that he was
included in such list in the character and for the(a) stated therein and of
the amount called up and the amount paid up in respect of such shares (or
interest) and of the day appointed for finally settling the said list.
Dated this day
of , 19 .
In the matter of Limited.
The FIRST SCHEDULE above referred to
FIRST PART-CONTRIBUTORIES IN THEIR OWN RIGHT
Serial No. in List
Name
Address
Description
Number of shares [or extent of interest]
Date when included
in the
List
Amount called
up
Amount paid
up
$ $
____________
In the matter of Limited.
SECOND PART-CONTRIBUTORIES AS BEING REPRESENTATIVES OF OR LIABLE TO THE DEBTS
OF OTHERS
Serial No. in List
Name
Address
Description
In what character included
Number of shares [or extent of interest]
Date when included
in the
List
Amount called
up
Amount paid
up
$ $
____________
In the matter of Limited.
The SECOND SCHEDULE above referred to
Serial No. in List
Name
Address
Description
In what character proposed to be included
Number
of shares
[or extent
of interest]
Date when excluded
from the
List
____________
FORM 46
[rule 71]
NOTICE TO CONTRIBUTORY OF FINAL SETTLEMENT OF LIST
OF CONTRIBUTORIES AND THAT HIS NAME IS INCLUDED
(Title)
Take notice that I, , the liquidator of the
above-named company, have, by certificate, dated the day
of , 19 , under my hand, finally settled the
list of contributories of the said company, and that you are included in such
list. The character and the number of shares [or extent of interest] in and
for which you are included and the amount called up and the amount paid up in
respect of such shares (or interest) is stated below.
Any application by you to vary the said list of contributories or, that your
name be excluded therefrom, must be made by you to the court by summons within
21 days from the service on you of this notice, or the same will not be
entertained.
The said list may be inspected by you at the chambers of the Registrar at the
Courts of Justice on any day between the hours of and
Dated this day
of , 19 .
(Signed)
Liquidator
to Mr. [or to Mr. his solicitor]. ｝
No. in List
Name
Address
Description
In what character included
Number of shares [or extent of interest]
Amount called
up (a)
Amount paid
up (a)
$ $
(a) At date of commencement of winding up.
____________
FORM 47
[rule 73]
SUPPLEMENTAL LIST OF CONTRIBUTORIES
(Title)
1. The following is a list of persons who, since making out the list of
contributories herein, dated the day
of , 19 , I have ascertained are, or
have been, holders of shares in [or members of] the above-named company, and
to the best of my judgment are contributories of the said company.
2. The said supplemental list contains the names of such persons together with
their respective addresses and the number of shares [or extent of interest]
and the amount called up at the commencement of the winding up and the amount
paid at such date in respect of the shares (or interest) to be attributed to
each.
3. In the first part of the said list such of the said persons as are
contributories in their own right are distinguished.
4. In the second part of the said list such of the said persons as are
contributories as being representatives of, or being liable to the debts of
others, are distinguished.
[The supplemental list is to be made out in the same form as the original
list.]
____________
FORM 48
[rule 71]
AFFIDAVIT OF SERVICE OF NOTICE TO CONTRIBUTORY
(Title)
I , (a)
of , make oath and say as follows:-
(a) State full description of the deponent.
1. I did on the day of
, 19 , in the manner hereinafter mentioned, serve a true copy of
the notice now produced and shown to me and marked "A", upon each of the
respective persons whose names, addresses, and descriptions appear in the
second, third, and fourth columns of the First Schedule to the list of
contributories of the said company made out by the [Official Receiver and]
liquidator of the company on the day of
, 19 , and now on the file of proceedings of the said company. In the
tabular form at the foot of such copies respectively I inserted the number on
list, name, address, description, in what character included, and (b)
and the amount paid up and the amount called up at the date of the
commencement of the winding up in respect of the shares (or interest) of the
person on whom such copy of the said notice was served, in the same words and
figures as the same particulars are set forth in the said schedule.
(b) "Number of shares" or "extent of interest". 2. I served the said
respective copies of the said notice, by putting such copies respectively,
duly addressed to such persons respectively, according to their respective
names and addresses appearing in the said schedule, and by placing the same
prepaid in the Post Office at
before the hour of o'clock in the noon of
the said
day of , 19 .
Sworn, &c.
____________
FORM 49
[rule 72]
ORDER ON APPLICATION TO VARY LIST OF CONTRIBUTORIES
(Title)
Upon the application of W.N., by summons dated the
day of , 19 , for an order that the list
of contributories of the company and the liquidator's certificate finally
settling the same be varied by excluding the name of the applicant therefrom
[or as the case may be], and upon hearing, &c., and upon reading &c., it is
ordered, that the list of contributories of the company and the liquidator's
certificate finally settling the same be varied by excluding the name of the
said W.N. from the said list of contributories, or by including the name of
the said W.N. as a contributory in the said list
for shares, [or as the case may be] [or the court does not
think fit to make any order on the said application, except that the said W.N.
do pay to the liquidator of the said company his costs of this application, to
be taxed in case the parties differ].
____________
FORM 50
[rule 74(a)]
NOTICE TO EACH MEMBER OF COMMITTEE OF
INSPECTION OF MEETING FOR SANCTION TO PROPOSED CALL
(Title)
Take notice that a meeting of the committee of inspection of the above company
will be held at on the (a)
day of , 19 , at o'clock in
the noon, for the purpose of considering and obtaining
the sanction of the committee to a call of $ per
share proposed to be made by the liquidator on the contributories.
Annexed hereto is a statement showing the necessity for the proposed call and
the amount required.
Dated this day
of , 19 .
(a) To be a date not less than seven days from the date when the notice
will in course of post reach the person to whom it is addressed.
(Signed)
Liquidator
_____________
STATEMENT
1. The amount due in respect of proofs admitted against the company, and the
estimated amount of the costs, charges, and expenses of the winding up, form
in the aggregate the sum of $ or thereabouts.
2. The assets of the company are estimated to realize the sum of
$ . There are no other assets, except the amount due
from certain of the contributories to the company, and in my opinion it will
not be possible to realize in respect of the said amounts more than
$ .
3. The list of contributories has been duly settled, and persons have been
settled on the list in respect of the total number of
shares.
4. For the purpose of satisfying the several debts and liabilities of the
company, and of paying the costs, charges, and expenses, of the winding
up, I estimate that a sum of $ will be required
in addition to the amount of the company's assets hereinbefore mentioned.
5. In order to provide the said sum of $ it is necessary
to make a call on the contributories, and having regard to the probability
that some of them will partly or wholly fail to pay the amount of the call, I
estimate that for the purpose of realizing the amount required it
is necessary that a call of $ per share should
be made.
(Annex tabular statement showing amounts of debts, costs, &c., and of assets.)
____________
FORM 51
[rule 74(b)]
ADVERTISEMENT OF MEETING OF COMMITTEE
OF INSPECTION TO SANCTION PROPOSED CALL
(Title)
Notice is hereby given that the undersigned liquidator of the above-named
company proposes that a call should be made "on all the contributories of the
said company", or, as the case may be,
of $ per share, and that he has summoned a
meeting of the committee of inspection of the company, to be held
at on the day
of , 19 , at
o'clock in the noon, to obtain their sanction to the
proposed call. Each contributory may attend the meeting, and be heard or make
any communication in writing to the liquidator or the members of the committee
of inspection in reference to the intended call. A statement showing the
necessity of the proposed call and the purpose for which it is intended may be
obtained on application to the liquidator at his office at (a).
Dated this day
of , 19 .
Liquidator
(a) Insert address.
____________
FORM 52
[rule 74(d)]
RESOLUTION OF COMMITTEE OF INSPECTION SANCTIONING CALL
(Title)
Resolved, that a call of $ per share be made
by the liquidator on all the contributories of the company [or, as the case
may be].
(signed)
Members of the Committee of Inspection
Dated this day
of , 19 .
____________
FORM 53
[rule 77]
NOTICE OF CALL SANCTIONED BY COMMITTEE OF
INSPECTION TO BE SENT TO CONTRIBUTORY
(Title)
Take notice that the committee of inspection in the winding up of this
company have sanctioned a call of per share on all the
contributories of the company.
The amount due from you in respect of the call is the sum of
$ .This sum should be paid by you direct to me at my
office (a) on or before
the day of , 19 .
Dated this day
of , 19 .
To Mr.
Liquidator
(a) Insert address. NOTE-If you do not pay the sum due from you by the
date mentioned interest will be claimed on such sum at the rate of 8
per cent per annum from the said date until payment.
____________
FORM 54
[rule 75]
SUMMONS FOR LEAVE TO MAKE A CALL
(Title)
Let the several persons whose names and addresses are set forth in the second
column of the schedule hereto, being contributories of the above-named
company, as shown in the third column of the said schedule,
attend at on the day
of , 19 , at o'clock
in the noon, on the hearing of an application on the part
of the [Official Receiver and] liquidator of the company for an order that he
may be at liberty to make a call to the amount
of per share on all the contributories [or
as the case may be] of the said company.
Dated the day of ,
19 .
This summons was taken out by of
Solicitors for the [Official Receiver and] liquidator.
To
NOTE-If you do not attend either in person or by your solicitor, at the time
and place above-mentioned, such order will be made and proceedings taken as
the court may think just and expedient.
SCHEDULE
Number on List
Name and address
In what character included
____________
FORM 55
[rule 75]
AFFIDAVIT OF LIQUIDATOR IN SUPPORT OF PROPOSAL FOR CALL
(Title)
I, of, &c., the liquidator of the
above-named company, make oath and say as follows-
1. I have in the schedule now produced and shown to me, and marked with the
letter "A", set forth a statement showing the amount due in respect of the
debts proved and admitted against the said company, and the estimated amount
of the costs, charges, and expenses of and incidental to the winding up the
affairs thereof, and which several amounts form in the aggregate the sum of $
or thereabouts.
2. I have also in the said schedule set forth a statement of the assets in
hand belonging to the said company, amounting to the sum of
$ and no more. There are no other assets belonging
to the said company, except the amounts due from certain of the contributories
of the said company, and, to the best of my information and belief, it will be
impossible to realize in respect of the said amounts
more than the sum of $ or thereabouts.
3. persons have been settled
by me on the list of contributories of the said company in respect of the
total number of shares.
4. For the purpose of satisfying the several debts and liabilities of the said
company and of paying the costs, charges, and expenses of and incidental to
the winding up the affairs thereof, I believe the sum of
$ will be required in addition to the amount of the assets
of the said company mentioned in the said Schedule A, and the said sum of
$ .
5. In order to provide the said sum of $ , it is
necessary to make a call upon the several persons who have been settled on the
list of contributories as before-mentioned, and, having regard to the
probability that some of such contributories will partly or wholly fail to pay
the amount of such call, I believe that, for the purpose of realizing the
amount required as before-mentioned, it is necessary that a call of
$ per share should be made.
Sworn, &c.
____________
FORM 56
[rule 75]
ADVERTISEMENT OF APPLICATION FOR LEAVE TO MAKE A CALL
In the matter of
Notice is hereby given that the High Court has appointed
the day of
19 , at o'clock in the noon,
at the Courts of Justice, to hear an application for leave to make a call
on all the contributories of the said company [or as the case may be] and that
the liquidator of the said company proposes that such call shall be
for $ per share. All persons interested are entitled to
attend at such day, hour, and place, to offer objection to such call.
Dated this day
of , 19 .
Liquidator
(25 of 1998 s. 2)
____________
FORM 57
[rule 75]
The day
of 19 .
ORDER GIVING LEAVE TO MAKE A CALL
The day
of 19 .
(Title)
Upon the application of the [Official Receiver and] liquidator of the
above-named company, the order to wind up the above-named company, the list of
contributories of the said company and the liquidator's certificate of the
final settlement of the same, and the affidavit of the said [Official Receiver
and] liquidator, filed
the day of
19 , and the exhibit marked "A" therein referred to, and
an affidavit of filed the day
of 19 .
It is ordered that leave be given to the [Official Receiver and] liquidator to
make a call of $ per share on all the contributories of the said company (a).
And it is ordered that each such contributory do on or before
the day of
19 , pay to the [Official Receiver and] liquidator of the
company, the amount which will be due from him or her in respect of such call.
(a) Or as the case may be.
____________
FORM 58
[rule 76] DOCUMENT MAKING A CALL
(Title)
I, the [Official Receiver
and] liquidator of the above-named company, in pursuance of (a)
made (or passed)
this day of 19
, hereby make a call
of per share on all the contributories
of the company, which sum is to be paid at my office (b)
on the day
of 19 .
Dated this day
of , 19 . (a) An order of
court, or resolution of the committee of inspection.
(b) Insert address. (L.N. 587 of 1995)
____________
FORM 59
[rule 77]
NOTICE TO BE SERVED WITH THE ORDER SANCTIONING A CALL
(Title)
The amount due from you, A.B., in respect of the call made pursuant to leave
given by the above [or within] order is the sum of
$ , which sum is to be paid by you to me
as the liquidator of the said company at my office, (a).
In default of payment interest at the rate of 8 per cent per annum will be
charged upon the amount unpaid from the day
of until payment.
Dated this day
of , 19 .
To Mr. A.B.
Liquidator
(a) Insert address.
____________
FORM 60
[rule 78]
AFFIDAVIT IN SUPPORT OF APPICATION FOR ORDER
FOR PAYMENT OF CALL
(Title)
I, of, &c., the liquidator of the
above-named company, make oath and say as follows:-
1. None of the contributories of the said company, whose names are set forth
in the schedule hereto annexed, marked "A", have paid or caused to be paid the
sums set opposite their respective names in the said schedule, which sums are
the amounts now due from them respectively under the call
of per share, duly made under the
Companies Ordinance (Chapter 32) dated the day
of 19 .
2. The respective amount or sums set opposite the names of such contributories
respectively in such schedule are the true amounts due and owing by such
contributories respectively in respect of the said call.
A
THE SCHEDULE ABOVE REFERRED TO
No. on List
Name
Address
Description In what character included
Amount due
$ ￠
Sworn, &c.
NOTE-In addition to the above affidavit, an affidavit of the service of the
application for the call will be required in cases in which the committee of
inspection of the court has authorized a call to be made.
____________
FORM 61
[rule 78]
ORDER FOR PAYMENT OF CALL DUE FROM A CONTRIBUTORY
The day
of , 19 .
(Title)
Upon the application of the liquidator of the above-named company, and
upon reading an affidavit of filed
the day of , 19 ,
and an affidavit of the liquidator filed the day
of , 19 , it is ordered that C.D., of,
&c., [or E.F., of, &c., the legal personal representative of L.M., late of,
&c., deceased], one of the contributories of the said company [or, if against
several contributories, the several persons named in the second column of the
schedule to this order, being respectively contributories of
the said company], do, on or before the day
of , 19 , or within 4
days after service of this order, pay to A.B., the liquidator of the said
company at his office, (a)
, the sum of $ [if against a legal personal
representative add, out of the assets of the said L.M. deceased, in his hands
as such legal personal representative as aforesaid, to be administered in due
course of administration, if the said E.F.
has in his hands so much to be administered, or, if against several
contributories, the several sums of money set opposite to the respective names
in the sixth column of the said schedule hereto], such sum [or sums] being the
amount [or amounts] due from the said C.D. [or L.M.], [or the said several
persons respectively], in respect of the call of
$ per share duly made, dated
the day of ,
19 .
(a) Insert address. And it is ordered that the said several persons do
within the like period and at the place aforesaid pay to the said
A.B., as such liquidator as aforesaid, interest at the rate of 8 per
cent per annum on the amounts specified in the sixth column of the
said schedule from
day of to the date of payment.
And it is ordered that the said several persons do within the like period and
at the place aforesaid pay to the said A.B., as such liquidator as aforesaid,
the several sums set opposite their respective names in the seventh column of
the said schedule, such sums being the proportion of the applicant's costs of
the said application payable by such several persons respectively. [Add
appropriate paragraphs as to amounts payable by legal personal
representatives, if any.]
THE SCHEDULE REFERRED TO IN THE FOREGOING ORDER
No. on List
Name
Address
Description In what character included
Amount due
$ ￠
NOTE-The copy for service of the above order must be endorsed as follows-
"If you, the undermentioned A.B., neglect to obey this order by the time
mentioned therein you will be liable to process of execution, for the purpose
of compelling you to obey the same." (L.N. 286 of 1997)
____________
FORM 62
[rule 78]
AFFIDAVIT OF SERVICE OF ORDER FOR PAYMENT OF CALL
(Title)
I, F.B., of, &c., make oath and say as follows-
1. I did on the day
of 19 , personally serve G.F.,
of
, &c., with an order made in this matter by this court,
dated the day
of , 19 , whereby it was
ordered [set out the order] by delivering to and leaving with, the said G.F.,
at , a true copy of the said order, and at the same time producing and showing
unto him, the said G.F., the said original order.
2. There was endorsed on the said copy when so served the following words,
that is to say, "If you, the undermentioned G.F., neglect to obey this order
by the time mentioned therein, you will be liable to process of execution for
the purpose of compelling you to obey the same".
Sworn, &c.
_______________
FORM 63A [rule 80]
PROOF OF DEBT-GENERAL FORM
IN THE HIGH COURT OF HONG KONG
COMPANIES WINDING-UP No. of 19
IN THE MATTER of the Companies Ordinance
and
Except in the case of claims for wages or salary, where the debt proved for
exceeds $250 a fee of $15 must be paid hereon otherwise the proof cannot be
admitted. IN THE MATTER of
_________________
Date of Winding-up Order
1 Name of creditor 2 Address of creditor 3 Total amount of claim, including
any outstanding uncapitalised interest as at the date of the winding-up order
(Analysis of claim can be supplied on separate sheet signed by creditor or
person authorized to act on his behalf) $ 4 Details of any documents by
reference to which the debt can be substantiated [Note: Either the originals
or copies of documentary evidence should be submitted. Bills of exchange or
other negotiable securities must be produced before the proof can be admitted.
The Official Receiver or liquidator may call for any document or evidence to
substantiate the claim at his discretion.] 5 If total amount above includes
outstanding uncapitalised interest please state amount 6 Particulars of how
and when debt incurred 7 Particulars of any security held, the value of the
security, and the date it was given 8 I hereby declare that the particulars
set out in this Proof of Debt are, to the best of my knowledge and belief,
true and correct.
Signature of creditor or person
authorized to act on his behalf _________________________________________
Name in BLOCK LETTERS _________________________________________
Position with or relation to
creditor and means of knowledge
of the matters declared herein _________________________________________
Warning: A person convicted of making a false statement in respect of a proof
of debt shall be liable to a fine at level 6 and imprisonment for 6 months.
(sections 349 and 351)
Admitted to vote for
$
Date
Official Receiver/Provisional Liquidator
Admitted preferentially for
$
Date
Liquidator
Admitted non-preferentially for
$
Date
Liquidator
To be returned to the provisional liquidator or, if a liquidator has been
appointed, to the liquidator. Note: The proof cannot be admitted for voting at
the first meeting unless it is properly completed and lodged with the
liquidator not later than 24 hours before the time specified in the notice
convening the meeting. (L.N. 225 of 1992; L.N. 306 of 1996; 25 of 1998 s. 2;
46 of 2000 s. 40)
_______________
FORM 63B [rule 83]
AFFIDAVIT OF DEBT
IN THE HIGH COURT OF HONG KONG
COMPANIES WINDING-UP No. of 19
IN THE MATTER of the Companies Ordinance
and
IN THE MATTER of
_________________
I, (a) ,
of
make oath and say-
(1) (b) That I am (c)
of the under-mentioned creditor, and that I am duly authorized by (d)
to make this affidavit, and that it is within my own knowledge that the debt
hereinafter deposed to was incurred and that such debt, to the best of my
knowledge and belief, still remains unpaid and unsatisfied.
(2) That the above-named company was, at the date of the order for winding
up the same, viz., the day of 19 , and
still is justly and truly indebted to (e)
in the sum of dollars as shown in the
proof of debt exhibited hereto marked "A". (a) Fill in full name, address and
occupation of deponent.
(b) If proof made by creditor personally strike out clause (1).
(c) State capacity, e.g. director, secretary, solicitor, etc.
(d) State full name and address of creditor.
(e) Insert "me" or in case of a firm "me and C.D. and E.F., my co-partners
trading as", or, if by clerk or agent etc. insert name, address and
description of principal.
Debt.........$ :
Sworn at [Deponent's
this day of 19 ｝
Signature.]
Before me,
[Notary Public/
Commissioner for Oaths/
other authorized person+] + Delete as appropriate.
Warning: A person convicted of making a false statement in respect of a proof
of debt shall be liable to a fine at level 6 and imprisonment for 6 months.
(sections 349 and 351)
To be returned to the provisional liquidator or, if a liquidator has been
appointed, to the liquidator. (L.N. 225 of 1992; L.N. 306 of 1996; 47 of 1997
s. 10; 25 of 1998 s. 2; 46 of 2000 s. 40)
____________
FORM 64
[rule 90] PROOF OF DEBT OF WORKMEN
(Title)
I (a)
of (b)
make an oath and say: 1. That the above-named company was on the day of
19 , and still is justly and truly indebted to the several
persons whose names, addresses, and descriptions appear in the schedule
endorsed hereon in sums severally set against their names in the sixth column
of such schedule for wages due to them respectively as workmen or others in
the employ of the company in respect of services rendered by them respectively
to the company during such periods as are set out against their respective
names in the fifth column of such schedule, for which said sums, or any part
thereof, I say that they have not, nor hath any of them had or received any
manner of satisfaction or security whatsoever. (a) Fill in full name, address,
and occupation of deponent.
(b) On behalf
of the workmen and others employed by the above-named company.
Sworn at in Hong Kong
this day of
19 Before me ｝
｝
Deponent's Signature.
SCHEDULE referred to on the other side
1
No. 2
Full name of workman 3
Address 4
Description 5
Period over which wages due 6
Amount due
$ ￠
Signature of Deponent. (L.N. 201 of 1984)
____________
FORM 65
[rule 94]
NOTICE OF REJECTION OF PROOF OF DEBT
(Title)
Take notice, that, as [Official Receiver and] liquidator of the above-named
company, I have this day rejected your claim against the
company (a) [to the extent of $ ] on the following
grounds-
And further take notice that subject to the power of the court to extend the
time, no application to reverse or vary my decision in rejecting your proof
will be entertained after the expiration of (b) days from this date.
Dated this day
of , 19 .
Signature
Address
To
[Official Receiver and] Liquidator
(a) If proof wholly rejected strike out works underlined.
(b) 21 days or 7 days as the case may be.
____________
FORM 66
[rule 101]
LIST OF PROOFS TO BE FILED UNDER RULE 101
(Title)
I hereby certify that the following is a correct list of all proofs tendered
to me in the above matter during the past month.
Dated this day
of , 19 .
Liquidator
Proofs tendered
Name of creditor
Amount of
proofs Whether admitted, rejected,
or standing over for
further consideration
If admitted,
amount
$ ￠ $ ￠
____________
FORM 67
[rule 142(1) ]
NOTICE TO CREDITORS OF INTENTION TO DECLARE DIVIDEND
(Title)
A (a) dividend is intended to be declared in the above matter. You are
mentioned in the statement of affairs, but you have not yet proved your debt.
If you do not prove your debt by the day
of 19 , you will be excluded from this
dividend.
Dated this day
of , 19 .
Liquidator
To [Address] (a) Insert here "first" or "second", or "final", or as the case
may be.
____________
FORM 68
[rule 142(5) ]
CERTIFIED LIST OF PROOFS UNDER RULE 142(5)
COMPANIES (WINDING-UP) RULES, AND APPLICATION
FOR ISSUE OF CHEQUES FOR DIVIDEND ON
COMPANIES LIQUIDATION ACCOUNT
Companies Liquidation Account.
Ledger Folio
Re No.
I hereby certify that the following list has been compared with the proofs
filed, and that the names of the creditors and the amounts for which the
proofs are admitted are correctly stated.
(Signature)
Dated the day
of , 19 .
I certify that by my books the sum of $ stands to
the credit of the above company with the companies liquidation account at
the bank and that the sum of $ is required to meet
the undermentioned dividends, on proofs which have been duly made and admitted
to rank for dividend upon the company, and I have to request that orders for
payment may be issued to me.
The dividend is payable on the day of
19 , and notice of declaration thereof was forwarded to the Official
Receiver for insertion in the Gazette, on the day
of 19 .
Liquidator
Date 19 .
｛ Address to which cheques and money orders should be sent.
To the Official Receiver.
Amount of dividend
No.
Surname
Christian name
Town on which
Post Office money
order should be
drawn
Amount
of
proof Sums
under
$20 Sums of
$20
and above
$ ￠ $ ￠ $ ￠
____________
FORM 69
[rule 142(5) ]
CERTIFIED LIST OF PROOFS FILED UNDER RULE 142(5) COMPANIES
(WINDING-UP) RULES, SPECIAL BANK CASE
(Title)
I hereby certify that the following list has been compared with the proofs
filed, and that the names of the creditors and the amounts for which the
proofs are admitted are correctly stated.
(Signature)
Dated the day
of , 19 .
I hereby certify that a dividend of per cent has been
declared, and that the creditors whose names are set forth below are entitled
to the amounts set opposite their respective names.
Liquidator
Dated this day
of , 19 .
To the Official Receiver.
Surname
Christian name Amount of
proof Amount of
dividend
$ ￠ $ ￠
____________
FORM 70
[rule 142(1) ]
NOTICE TO PERSONS CLAIMING TO BE CREDITORS OF
INTENTION TO DECLARE FINAL DIVIDEND
(Title)
Take notice that a final dividend is intended to be declared in the above
matter, and that if you do not establish your claim to the satisfaction of
the court on or before the day of ,
19 , or such later day as the court may fix, your claim will be
expunged, and I shall proceed to make a final dividend without regard to such
claim.
Dated this day
of , 19 .
Liquidator
To X. Y. [Address]
____________
FORM 71
[rule 142(3)] NOTICE OF DIVIDEND
Dividend cheques are cancelled at the expiration of 6 months from date of
issue
and money orders at the expiration of 12 months from date of issue.
[Please bring this Dividend Notice with you.] (Title)
Dividend of per cent
[Address]
[Date]
Notice is hereby given that a dividend
of per cent has been declared in this matter, and that
the same may be received at my office, as above, on
the day of , 19 , or
on any subsequent between, the hours of
and Upon applying for payment this notice must be produced entire, together
with any bills of exchange, promissory notes or other negotiable securities
held by you. If you desire the dividend to be paid to some other person you
can sign and lodge with the liquidator an authority in the prescribed Form 72.
Otherwise if you do not attend personally you must fill up and sign the
subjoined forms of RECEIPT and AUTHORITY TO DELIVER, when a cheque or money
order payable to your order will be delivered in accordance with the
AUTHORITY. To (Signed) Liquidator NOTE-The receipt or authority should, in the
case of a firm, be signed in the firm's name, or in the case of a limited
company by an officer of the company, so described.
RECEIPT
19 . Received of
in this matter the sum of
dollars and
cents , being the amount payable to me/us in
respect of the dividend
of per cent on my/our claim
against this company. Payee's Signature
$
AUTHORITY FOR DELIVERY (a)
Sir, Please deliver to me/us by post, at my/our risk or to the Bearer (b),
......................., a specimen of whose signature is appended hereunder,
the cheque or money order for the dividend payable to me/us in this matter.
................................................................
.............................................................. Specimen
signature of Bearer
Payee's signature
To the [Official Receiver and] Liquidator.
Date 19
Notes: (a) This is an authority only to deliver the cheque or money order, NOT
to make it payable to another person.
(b) Strike out words inapplicable. If not to be sent by post strike out
words in italics and insert the name of the person who is to receive
the cheque or money order. (L.N. 50 of 1964)
____________
FORM 72
[rule 142(7) ]
AUTHORITY TO LIQUIDATOR TO PAY DIVIDENDS
TO ANOTHER PERSON
(Title)
To the [Official Receiver and] Liquidator.
SIR, I/We hereby authorize and request you to pay to M of
(a specimen of whose signature is given below), all dividends as they are
declared in the above-named matter, and which may become due and payable to
me/us in respect of the proof of debt for the sum of
$ , against the above-named company, made [by
Mr. ] on my/our behalf.
And I/we further request that the cheque or cheques drawn in respect of such
dividends may be made payable to the order of the said M whose receipt shall
be sufficient authority to you for the issue of such cheque or cheques in his
name. It is understood that this authority is to remain in force until revoked
by me/us in writing. Signatures Witness to the signature of Witness to the
signature of Date Specimen of signature of person appointed as above. Witness
to the signature of Witness to the signature of person appointed as above.
____________
FORM 73
[rule 143 ]
NOTICE OF RETURN TO CONTRIBUTORIES
Cheques are cancelled at the expiration of 6 months from date of issue, and
money orders at the expiration of 12 months from month of issue.
[Please bring this notice with you.]
(Title)
Return of $ per share.
[Address] [Date]
Notice is hereby given that a return
of per share has been declared in this matter, and
that the same may be received at my office, as above,
on the day of ,
19 , or on any subsequent day, except Saturday, between the hours of
Upon applying for payment this notice must be produced entire, together with
the share certificate. If you do not attend personally you must forward the
share certificate and fill up and sign the subjoined forms of RECEIPT and
AUTHORITY TO DELIVER, when a cheque or money order payable to your order will
be delivered in accordance with the AUTHORITY.
(Signed)
Liquidator
NOTE-The receipt should be signed by the contributory personally, or in the
case of joint contributories by each, and in the case of a limited company by
an officer of the company, so described.
RECEIPT
No.
19 .
Received of the in this matter the
sum of dollars
and cents being the amount payable
to in respect of
the return of per share
held by in this company.
Contributory's signature $
AUTHORITY FOR DELIVERY
SIR, PLEASE deliver to (Insert the name of the person who is to receive the
cheque or money order, or the words "me/us by post," at "my/our risk", if you
wish it sent to you in that way.) the cheque or money order for the return
payable to me/us in this matter.
Contributory's signature To the [Official Receiver and] Liquidator.
____________
FORM 74
[rule 143 ]
SCHEDULE OR LIST OF CONTRIBUTORIES HOLDING
PAID-UP SHARES TO WHOM A RETURN IS TO BE PAID (a)
In the matter of No. of 19 .
Number in
settled List
Name of contributory as
in settled List
Address
Number
of shares
held as
per settled
List
Total
called-up
value
Total
paid-up
value
Arrears of
calls at
date of
return Previous return of
capital appropriated by liquidator for arrears of calls
Amount of return
payable at
per share
Net return payable Date and particulars
of transfer
of interest
or other variation in List
$ ￠ $ ￠ $ ￠ $ ￠ $ ￠ $ ￠
(a) Where the articles provide that the amount divisible among the members
or any class of the members shall be divisible in proportion to the
amount paid up or which ought to have been paid up at the date of
winding up, or contain any other provision which will necessitate
further information before a return can be made, columns should be
added showing the amount called up and the amount paid up at such date
in respect or shares then held by such members or class of members or
such other facts as may be requisite.
____________
FORM 75
[rule 114] NOTICE OF MEETING [General Form]
(Title)
Take notice that a meeting of creditors [or contributories] in the above
matter will be held at
on the day of , 19 ,
at o'clock in the noon.
Agenda
(a)
Dated this day
of , 19 .
(Signed) (b)
Forms of general and special proxies are enclosed herewith. Proxies to be
used at the meeting must be lodged not later than o'clock on
the day of , 19 .
(a) [Here insert purpose for which meeting called.]
(b) "Liquidator" or "Official Receiver".
____________
FORM 76
[rule 115]
AFFIDAVIT OF POSTAGE OF NOTICES OF MEETING
(Title)
I, a (a) , make oath
and say as follows:-
1. That I did on the day of
, 19 , send to each creditor mentioned in the company's statement
of affairs [or to each contributory mentioned in the register of members of
the company] a notice of the time and the place of the (b)
in the form hereunto annexed marked "A". 2. That the notices for creditors
were addressed to the said creditors respectively, according to their
respective names and addresses appearing in the statement of affairs of the
company or the last known addresses of such creditors. 3. That the notices for
contributories were addressed to the contributories respectively according to
their respective names and registered or last known addresses appearing in the
register of the company. 4. That I sent the said notices by putting the same
prepaid into the post
office at before the hour of o'clock in
the noon on the said day.
Sworn, &c. (a) State the description of the deponent.
(b) Insert here "general" or "adjourned general" or "first" meeting of
creditors [or contributories as the case may be].
____________
FORM 77
[rule 115]
CERTIFICATE OF POSTAGE OF NOTICES (GENERAL)
(Title)
I,
a clerk in the office of the Official Receiver, hereby certify-
1. That I did on the day of ,
19 , send to (a)
a notice of the time and the place of the first meeting, or (b) in the form
hereunto annexed marked "A". [Paragraphs 2, 3 and 4 as in last preceding
form.] Signature
Dated this day
of , 19 .
(a) Each creditor mentioned in the statement of affairs, or each
contributory mentioned in the register of members of the company, or
as the case may be.
(b) "A general meeting", or "adjourned general meeting", or as the case
may be.
____________
FORM 78
[rule 122]
MEMORANDUM OF ADJOURNMENT OF MEETING
(Title)
Before
at on
the day of ,
19 , at o'clock.
Memorandum.-The (a)
meeting of (b) in the above matter was held at the time and place
above-mentioned; but it appearing that (c)
the meeting was adjourned until the day
of , 19 , at
o'clock in the noon, then to be held at the same place.
Chairman (a) "First" or as the case may be.
(b) Insert "creditors" or "contributories" as the case may be.
(c) Here state reason for adjournment.
____________
FORM 79
[rule 118]
AUTHORITY TO DEPUTY TO ACT AS CHAIRMAN OF
MEETING AND USE PROXIES
(Title)
I, the Official Receiver
[or the liquidator] do hereby nominate Mr.
of to be chairman of the meeting
of creditors [or contributories] in the above matter, appointed to be held
at on the
day of , 19 , [and I depute him
(a) to attend such meeting and use, on my behalf,
any proxy or proxies held by me in this matter].
Dated this day
of , 19 .
Official Receiver, or Liquidator
(a) Where authority given by the Official
Receiver. Here insert "being a person under my official control".
____________
FORM 80
[rule 132] GENERAL PROXY
(Title)
I/We, of
,
a creditor (or contributory) hereby appoint
(1) to be my/our general proxy to
vote at the meeting of creditors (or contributories) to be held in the
above matter on the day of
, , or at any adjournment hereof.
Dated this day
of , .
(Signed) (2)
Notes-(1) The person appointed general proxy may be the Official Receiver,
the liquidator, or such other person as the creditor (or contributory) may
approve, and the proxy form when signed must be lodged by the time and at the
address named for that purpose in the notice convening the meeting at which it
is to be used.
(2) If a firm, sign the firm's trading title, and add "by A.B., a partner in
the said firm". If the appointor is a corporation, then the form of proxy must
be under its common seal or under the hand of some officer duly authorized in
that behalf, and the fact that the officer is so authorized must be stated.
In a voluntary winding up the liquidator or if there is no liquidator the
chairman of a meeting may but the Official Receiver may not be appointed
proxy. The proxy form will be altered accordingly.
(L.N. 286 of 1997)
____________
FORM 81
[rule 132] SPECIAL PROXY
(Title)
I/We, of
,
a creditor (or contributory), hereby appoint
(1) as my/our proxy at
the meeting of creditors (or contributories) to be held on
the day of , , or
at any adjournment thereof, to vote (a)
the resolution
numbered in
the .
Dated this day
of , .
(Signed) (2)
Notes-(1) The person appointed proxy may be the Official Receiver, the
liquidator, or such other person as the creditor (or contributory) may
approve, and the proxy form when signed must be lodged by the time and at the
address named for that purpose in the notice convening the meeting at which it
is to be used. A creditor (or contributory) may give a special proxy to any
person to vote at any specified meeting or adjournment thereof on all or any
of the following matters-
(a) for or against the appointment or continuance in office of any
specified person as liquidator or as member of the committee of
inspection;
(b) on all questions relating to any matter, other than those above
referred to, arising at a specified meeting or adjournment thereof.
(2) If a firm, sign the firm's trading title, and add "by A.B., a partner in
the said firm". If the appointor is a corporation, then the form of proxy must
be under its common seal or under the hand of some officer duly authorized in
that behalf, and the fact that the officer is so authorized must be stated.
In a voluntary winding up the liquidator or if there is no liquidator the
chairman of a meeting may but the Official Receiver may not be appointed
proxy. The proxy form will be altered accordingly.
(L.N. 286 of 1997)
(a) Here insert the word "for" or the word "against" as the case may
require, and specify the particular resolution.
____________
FORMS 82-83 (Repealed 30 of 1999 s. 44)
____________
FORMS 84-85 (Repealed L.N. 247 of 1994)
____________
FORM 86
[rule 161]
CERTIFICATE BY COMMITTEE OF INSPECTION AS TO
AUDIT OF LIQUIDATOR'S ACCOUNTS
(Title)
We, the undersigned, members of the committee of inspection in the winding up
of the above-named company, hereby certify that we have examined the foregoing
account with the vouchers, and that to the best of our knowledge and belief
the said account contains a full, true, and complete account of the
liquidator's receipts and payments.
Dated this day
of , 19 .
___________________
___________________ Committee of Inspection.
___________________ ｝
____________
FORM 87 (Repealed L.N. 247 of 1994)
____________
FORM 88
[rule 163]
LIQUIDATOR'S TRADING ACCOUNT UNDER SECTION 203
(Title)
G.H. the liquidator of the above-named company in account with the estate.
RECEIPTS
PAYMENTS Dr. Cr.
Date
Date
Liquidator
(Date)
We have examined this account with the vouchers and find the same correct, and
we are of opinion the expenditure has been proper.
Dated this day
of , 19 .
Committee of Inspection
[or member of the Committee of Inspection]
____________
FORM 89 (Repealed L.N. 247 of 1994)
____________
FORM 90
[rule 169]
REQUEST TO DELIVER BILL FOR TAXATION
(Title)
I hereby request that you will,
within days of this date, or such
further time as the court may allow, deliver to me for taxation by the proper
officer your bill of costs [or charges] as (a)
failing which, I shall, in pursuance of the Companies Ordinance (Chapter 32)
and rules proceed to declare and distribute a dividend without regard to any
claim which you may have against the assets of the company, and your claim
against the assets of the company will be liable to be forfeited.
(a) Here state nature of employment.
Dated this day
of , 19 .
____________
FORM 91
[rule 174]
CERTIFICATE OF TAXATION
(Title)
I hereby certify that I have taxed the bill of costs [or charges] [or
expenses] of Mr. C.D. [here state capacity in which employed or engaged]
[where necessary add "pursuant to an order of the court dated
the day
of , 19 "],
and have allowed the same at the sum of $
[where necessary add "which sum is to be paid to
the said C.D. by as
directed by the said order"].
Dated this day
of , 19 .
Registrar
$
____________
FORM 92
[rules 181 and 182]
STATEMENT OF RECEIPTS AND PAYMENTS AND GENERAL
DIRECTION AS TO STATEMENTS
(Name of company)
(1) Every statement must be on sheets 210 x 297 mm in size.
(2) Every statement must contain a detailed account of all the liquidator's
realizations and disbursements in respect of the company. The statement of
realizations should contain a record of all receipts derived from assets
existing at the date of the winding-up order or resolution and subsequently
realized, including balance in bank, book debts and calls collected, property
sold, &c.; and the account of disbursements should contain all payments for
costs and charges, or to creditors, or contributories. Where property has been
realized, the gross proceeds of sale must be entered under realizations, and
the necessary payments incidental to sales must be entered as disbursements.
These accounts should not contain payments into the companies liquidation
account (except unclaimed dividend-see para. 5) or payments into or out of
bank, or temporary investments by the liquidator, or the proceeds of such
investments when realized, which should be shown separately-
(a) by means of the bank pass book;
(b) by a separate detailed statement of moneys invested by the liquidator,
and investments realized. Interest allowed or charged by the bank,
bank commission, &c., and profit or loss upon the realization of
temporary investments, should, however, be inserted in the accounts of
realizations or disbursements, as the case may be. Each receipt and
payment must be entered in the account in such a manner as
sufficiently to explain its nature. The receipts and payments must
severally be added up at the foot of each sheet, and the totals
carried forward from one account to another without any intermediate
balance, so that the gross totals shall represent the total amounts
received and paid by the liquidator respectively. Size of sheets.
Form and contents of statement.
(3) When the liquidator carries on a business, a trading account must be
forwarded as a distinct account, and the totals of receipts and payments on
the trading account must alone be set out in the statement. Trading account.
(4) When dividends or instalments of compositions are paid to creditors, or a
return of surplus assets is made to contributories, the total amount of each
dividend, or instalment of composition, or return to contributories, actually
paid, must be entered in the statement of disbursements as one sum; and the
liquidator must forward separate accounts showing in lists the amount of the
claim of each creditor, and the amount of dividend or composition payable to
each creditor, and of surplus assets payable to each contributory,
distinguishing in each list the dividends or instalments of composition and
shares of surplus assets actually paid and those remaining unclaimed. Each
list must be on sheets 210 x 297 mm in size.
(5) When unclaimed dividends, instalments of compositions or returns of
surplus assets are paid into the companies liquidation account, the total
amount so paid in should be entered in the statement of disbursements as one
sum.
(6) Credit should not be taken in the statement of disbursements for any
amount in respect of liquidator's remuneration unless it has been duly allowed
by resolution of the committee of inspection or of the creditors or of the
company in general meeting, or by order of court as the case may require.
Dividends, etc.
LIQUIDATOR'S STATEMENT OF ACCOUNT
Pursuant to section 284 of the Companies Ordinance (Chapter 32)
Name of company.
Nature of proceedings (whether wound up by the court, or under the supervision
of the court, or voluntarily). ｝
Date of commencement of winding up.
Date of which statement is brought down.
Name and address of liquidator.
LIQUIDATOR'S STATEMENT OF ACCOUNT PURSUANT TO SECTION 284 OF
THE COMPANIES ORDINANCE (Chapter 32)
REALIZATIONS
DISBURSEMENTS
Date
Of whom received
Nature of assets realized
Amount
Date
Of whom paid
Nature of disbursements
Amount
Brought forward ........ $
*
￠
Brought forward ......... $ ￠
Carried forward ........
Carried forward ..........
* NOTE-No balance should be shown on this account, but only the total
realizations and disbursements, which should be carried forward to the next
account.
ANALYSIS OF BALANCE
$ ￠
Total realizations
...........................................................................
........................
" disbursements
...........................................................................
.......................
Balance
...........................................................................
............. $ ￠
.
The Balance is made up as follows-
$
1. Cash in hands of liquidator
..........................................................................
$ ￠
2. Total payments into Bank, including balance at date of commencement of
winding up (as per Bank Book) ........... Total withdrawals from Bank
.................................... Balance at Bank
................................................
3. Amount in companies liquidation account
...................................................
4. Amounts invested by liquidator ......................................... $ ￠
Less amounts realized from same .....................................
Balance
...........................................................................
...........
Total balance as shown above
....................................................... $
Note-Full details of investments should be given in a separate statement.
Note-The liquidator shall also state-
Assets (after deducting amounts charged to secured creditors and debenture
holders)... $
(1) The amount of the estimated assets and liabilities at the date of the
commencement of the winding up.
｝
Liabilities ｛ secured creditors ...... $
debenture holders ..... $
unsecured creditors .. $
(2) The total amount of the capital paid up at the date of the commencement of
the winding up.
｝
Paid up in cash ........................................... $
Issued as paid up otherwise than
for cash .................................................. $
(3) The general description and estimated value of outstanding assets (if
any).
｝
(4) The causes which delay the termination of the winding up.
｝
(5) The period within which the winding up may probably be completed.
｝
(L. N. 397 of 1984; L.N. 247 of 1994)
____________
FORM 93
[rule 185 ]
AFFIDAVIT VERIFYING STATEMENT OF LIQUIDATOR'S
ACCOUNT UNDER SECTION 284
(Name of company)
I, ,
of ,
the liquidator of the above-named company, make oath and say-That *the account
hereunto annexed marked "B", contains a full and true account of my receipts
and payments in the winding up of the above-named company,
from the day of 19 ,
to the day
of 19 , inclusive,
*and that I have not, nor has any other person by my order or for my use
during such period, received or paid any moneys on account of the said
company, * other than and except the items mentioned and specified in the said
account.
I further say that the particulars given in the annexed Form 92, marked "B",
with respect to the proceedings in and position of the liquidation, are true
to the best of my knowledge and belief.
Sworn at ｝
* NOTE-If no receipts or payments, strike out the words in italics. (L.N. 247
of 1994)
____________
FORM 94
[rules 181 and 185]
LIQUIDATOR'S TRADING ACCOUNT UNDER SECTION 284
(Name of company) Insert here the name of the company.
Insert here the name of the liquidator. the liquidator of the above-named
company in account with the estate.
This account is required in duplicate in addition to Form 92.
RECEIPTS PAYMENTS
Dr. Cr.
Date
Date
Date Liquidator
____________
FORM 95
[rules 181 and 185 ]
LIST OF DIVIDENDS OR COMPOSITION
(Name of company)
I hereby certify that a dividend (or composition) of per cent was declared
payable on and after
the day of
19 , and that the creditors whose names are set forth below are
entitled to the amounts set opposite their respective names, and have been
paid such amounts except in the cases specified as unclaimed.
Liquidator
Dated the day
of , 19 .
To the Official Receiver.
Amount of dividend
(or composition )
Surname
Christian name
Amount of proof Paid Unclaimed
$ ￠ $ ￠ $ ￠
This List is required in duplicate.
____________
FORM 96
[rules 181 and 185 ]
LIST OF AMOUNTS PAID OR PAYABLE TO CONTRIBUTORIES
(Name of company)
I hereby certify that a return of surplus assets was declared payable to
contributories on and after the day
of 19 , at the rate
of per share, and that the contributories
whose names are set forth below are entitled to the amounts set opposite their
respective names, and have been paid such amounts except in the cases
specified as unclaimed.
Liquidator
Dated the day
of , 19 .
To the Official Receiver.
Amount returned on shares
Surname
Christian name
No. of shares
Paid
Unclaimed
$ ￠ $ ￠
This List is required in duplicate.
____________
FORM 97
[rule 184 ]
AFFIDAVIT VERIFYING ACCOUNT OF UNCLAIMED AND
UNDISTRIBUTED FUNDS
(Title)
I, of make
oath and say that the particulars entered in the statement hereunto annexed,
marked "A", are correct, and truly set forth all money in my hands or under my
control, representing unclaimed or undistributed assets of the above company,
and that the amount due by me to the companies liquidation account in respect
of unclaimed dividends and undistributed funds is $
Signature
Sworn, &c.
____________
FORM 98
[rule 189]
NOTICE TO CREDITORS AND CONTRIBUTORIES OF
INTENTION TO APPLY FOR RELEASE
(Title)
Take notice that I, the undersigned liquidator of the above-named company,
intend to apply to the court for my release, and further take notice that any
objection you may have to the granting of my release must be notified to the
court within 21 days of the date hereof.
A summary of my receipts and payments as liquidator is hereto annexed.
Dated this day
of , 19 .
Liquidator
To
Note-Section 205(3) of the Companies Ordinance (Chapter 32), enacts that "An
order of the court releasing the liquidator shall discharge him from all
liability in respect of any act done or default made by him in the
administration of the affairs of the company, or otherwise in relation to his
conduct as liquidator, but any such other may be revoked on proof that it was
obtained by fraud or by suppression or concealment of any material fact."
____________
FORM 99
[rule 189]
APPLICATION BY LIQUIDATOR TO THE COURT FOR RELEASE
(Title)
I , the liquidator of the
above-named company, do hereby report to this Honourable Court as follows-
1. That the whole of the property of the company has been realized for the
benefit of the creditors and contributories [and a dividend to the amount
of $ per cent has been
paid as shown by the statement hereunto annexed, and a return
of per share has been made to the contributories
of the company];
[or That so much of the property of the company as can, according to the joint
opinion of myself and the committee of inspection, hereunto annexed, in
writing under our hands, be realized without needlessly protracting the
liquidation, has been realized, as shown by the statement hereunto annexed,
and a dividend to the amount of
$ per cent has been paid, together with a
return of per share to the contributories of the
company]; (a)
2. I hereby make application to this Honourable Court, (i) that it cause a
report on my accounts to be prepared, and (ii) that on my complying with all
the requirements of the court, it take into consideration the report and make
an order granting my release.
Dated this day
of , 19 .
Liquidator (L.N. 50 of 1964)
(a) Add if necessary, "That the rights of the contributories between
themselves have been adjusted".
____________
FORM 100
[rule 189]
STATEMENT TO ACCOMPANY NOTICE OF APPLICATION FOR RELEASE
(Title)
Statement showing position of company at date of application for release
Dr. Cr.
Receipts Payments
$ ￠ $ ￠
By court fees (including stationery, printing, and postages in respect of
contributories, creditors, and debtors, and fee for audit)
......................................
$ ￠
Law costs of petition ..........
Law costs of solicitor to liquidator ........................
Other law costs .................
Estimated to produce as per company's statement of affairs Liquidator's
remuneration, viz.-
$ ￠ $ ￠
per cent on $
assets realized ................
per cent on $
assets distributed in dividend ...................
To total receipts from date of winding-up order, viz.- (State particulars
under the several headings specified in the statement of affairs.) Receipts
per trading account ............. Other receipts ......... Total
..............
$ ￠ Shorthand writer's charges .....................
Special manager's charges ....................
Person appointed to assist in preparation of statement of affairs
........................
Auctioneer's charges as taxed ...............
Other taxed costs .................................
Costs of possession and maintenance of estate
................................................
Costs of notices in Gazette and local papers
...............................................
Incidental outlay ...................................
Total costs and charges .......................$
$ ￠
Less- Payments to redeem securities ............. Costs of execution ...
Payments per trading account ................ Creditors, viz.-
(a) Preferential .............
(a) State number of creditors.
$
Net realizations ..................... $
Amounts received from calls on contributories made by the liquidator
(a) Unsecured: dividend of $ per cent ................. The estimate of
amount expected to rank for Amount returned to contributories
..........
Balance ..................................
$ $
Assets not yet realized, including calls, estimated to produce $
(Add here any special remarks the liquidator thinks desirable).
Creditors can obtain any further information by inquiry at the office of the
liquidator.
Dated this day
of , 19 .
(Signature of Liquidator)
(Address)
____________
FORM 101
[rule 201]
REGISTER OF WINDING-UP ORDERS TO BE KEPT IN THE COURT
Number of Winding-up Order
Number of Petition
Date of Petition
Date of Winding-up Order Dates of
Public
Examinations
(if any)
Liquidator
____________
FORM 102
[rule 201]
REGISTER OF PETITIONS TO BE KEPT IN THE COURT
No. of Petition Name
of
Company Address of
registered
office Description
of
Company Date
of
Petition
Petitioner Date of Winding-up Order
____________
FORM 103
[rule 202] NOTICES FOR GAZETTE
(1) NOTICE OF WINDING-UP ORDER
(rule 36(1)(c))
Name of company Number of matter Date of presentation of petition*
Address of registered office
Date of order
(* Where it is known that a voluntary winding up preceded the presentation of
the petition, the date of the resolution for voluntary winding up should also
be given)
(2) NOTICE OF FIRST MEETING
(rule 107)
Name of company
Hour Hour
Number of matter
Place
Place
Address of registered office
Creditors, Date
Contributories, Date
(3) NOTICE OF DAY APPOINTED FOR PUBLIC EXAMINATION
(rule 55(1))
Name of company Number of matter Names of persons to be examined Place
Address of registered office
Date fixed for examination
Hour
(4) NOTICE OF INTENDED DIVIDEND
(rule 142(1))
Name of company Number of matter Name of liquidator
Address of registered office
Last day for receiving proofs
Address
(5) NOTICE OF DIVIDEND
(rule 142(3))
Name of company Number of matter First and final or otherwise Where payable
Address of registered office
Amount per cent
When payable
(6) NOTICE OF RETURN TO CONTRIBUTORIES
(rule 143)
Name of company Number of matter First and final or otherwise Where payable
Address of registered office
Amount per share
When payable
(7) NOTICE OF APPOINTMENT OF LIQUIDATOR
(rule 45(5))
Name of company Number of matter Address
Address of registered office
Liquidator's name
Date of appointment
(8) NOTICE OF REMOVAL OF LIQUIDATOR
(rule 45(7))
Name of company Number of matter Liquidator's address
Address of registered office
Liquidator's name
Date of removal
(9) NOTICE OF RELEASE OF LIQUIDATOR
(rule 189(2))
Name of company Number of matter Liquidator's address
Address of registered office
Liquidator's name
Date of release
____________
FORM 104
[rule 203]
MEMORANDUM OF ADVERTISEMENT OR GAZETTING
(Title)
Name of paper
Date of issue
Date of filing
Nature of order, &c.
(Signed)
____________
FORM 105
[rule 183(4) and section 285(1)]
CERTIFICATE OF RECEIPT FOR MONEY PAID INTO COMPANIES
LIQUIDATION ACCOUNT
(Title)
This is to certify that Mr. , liquidator of the above-named company has this
day paid into the companies liquidation account through me the sum of
representing unclaimed or undistributed assets of the above-named company or
money held by the company in trust in respect of dividends or other sums due
to members of the company.
Dated this day
of , 19 .
Official Receiver
(L.N. 201 of 1984)
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