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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 (a) Name of Respondent.
on the day of
19 , at o'clock in the
noon on the hearing of an application of (b) for an order that (c) (b) Name
and description of applicant.
Dated the day of , 19 . (c)
State object of application. This summons was taken out by of Solicitors for
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. (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 (a) Insert full name, title, etc., of petitioner.
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 $ (b) State
the full address of the registered office so as sufficiently to show where it
is situate. 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.
___________________________________________________________
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. (a) State consideration for the debt, with
particulars so as to establish
that the debt claimed is due. Your petitioner, therefore, &c. [as in Form 2].
____________
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]
[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 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.
(L.N. 201 of 1984; 25 of 1998 s. 2) _____________
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.
(a) Insert remedy sought in prayer of petition.
(b) Insert name and address of petitioner.
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 . (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. (a) If the petition is by a firm, insert "the acts and
deeds of my said firm". Sworn, &c.
_____________
FORM 8 [rule 26]
AFFIDAVIT VERIFYING PETITION OF A LIMITED COMPANY
(Title)
I, A. B., of, &c., make oath and say as follows-
1. 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 may
require, to attend on the Official Receiver at such time and place as he may
appoint and to give him all information he may require.
______________
FORM 10 [rule 30]
NOTICE OF INTENTION TO APPEAR ON PETITION
(Title)
(a) State full name, or if a firm, the name of the firm and address.
(b) State number and class of shares held. 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
(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
Support-
ing
______________
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
that the Official Receiver, or as the case may be, be constituted provisional
liquidator of the affairs of the company.
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) ____________
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. (a) Here insert place where meeting will be held.
Dated this day of , 19 .
To (b)
___________________________________________________________ NOTE-The failure
of any director or officer to attend will be reported to the court. (b) Insert
name of person required to attend.
(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 $ ________ per
(specify no. of shares)
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
*solemnly and sincerely affirm
that the 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 ____________________ Cost $ ______
stocks 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
(specify no.) attached.
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
..................... ........................ ............... .............
............ .................. ..................
..................... ........................ ............... .............
............ .................. ..................
..................... ........................ ............... .............
............ .................. ..................
..................... ........................ ............... .............
............ .................. ..................
..................... ........................ ............... .............
............ .................. ..................
..................... ........................ ............... .............
............ .................. ..................
..................... ........................ ............... .............
............ .................. ..................
..................... ........................ ............... .............
............ .................. ..................
..................... ........................ ............... .............
............ .................. ..................
..................... ........................ ............... .............
............ .................. ..................
..................... ........................ ............... .............
............ .................. ..................
..................... ........................ ............... .............
............ .................. ..................
..................... ........................ ............... .............
............ .................. ..................
..................... ........................ ............... .............
............ .................. ..................
..................... ........................ ............... .............
............ .................. ..................
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 debenture.
(i)
No. (ii)
Date of debenture holder (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)
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 creditor 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) (a) Here set out the majorities by which the respective
resolutions were carried.
Voting on resolutions
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 OR 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)
of 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
(a) Insert name(s) and
(i) Hong Kong Identity Card Number(s); or
(ii) Pass-
port 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 (a) State
the description of the deponent. [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
(b) "Number of shares" or "extent of interest".
Sworn, &c.
_____________
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 included Number
of shares
[or extent
of interest]
Date when included in 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 .
(Signed)
Liquidator (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.
_____________
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
___________________________________________________________ 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.
(a) Insert address.
____________
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). (a) Or as the case may be. 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.
_________________
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 .
(L.N. 587 of 1995) (a) An order of court, or resolution of the committee of
inspection.
(b) Insert address.
______________
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
Deponent's Signature.
this day of
19 ｝
｝ Before me
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. (a) If proof wholly rejected strike out works underlined.
(b) 21 days or 7 days as the case may be.
Dated this day of , 19 .
Signature
Address
To [Official Receiver and] Liquidator
______________
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.] (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.
Signature
Dated this day of ,
19 . (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 .
(a) Where authority given by the Official Receiver. Here insert "being a
person under my official control". Official Receiver, or Liquidator
_____________
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)
(a) Here insert the word "for" or the word "against" as the case may
require, and specify the particular resolution. 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)
____________
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. (L.N. 397 of 1984;
L.N. 247 of 1994)
(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. (L.N. 397 of 1984)
(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. (L.N. 247 of 1994)
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.
Re-
ceipts Pay-
ments
Estimated to produce as per company'-s statement of affairs
$ ￠
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 ...............
Liquidator's remuneration, viz.- $
___ ￠
__ 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 ................................. ___ __
$
￠
per cent on $ assets realized .......................
per cent on $
assets distributed in dividend ...................... $ ￠ Less- Payments to
redeem securities ........................ Costs of execution .............
Payments per trading account ...........................
___
__ 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 ............... $
$
Net realizations ............................. $
Creditors, viz.-
(a) Preferential .................
(a) Unsecured: dividend of $
per cent ......................
The estimate of amount
expected to rank for
Amount returned to
contributories ................... $ ￠
(a) State number of creditors.
Amounts received from calls on contributories made by the liquidator 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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