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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 Supreme 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. (L.N. 201 of 1984) (d)
This note will be unnecessary
if the Company is petitioner. _____________________
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 Supreme 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] (b) To be signed by the solicitor to the petitioner
or by the petitioner if he has no solicitor.
____________________________________________________________ 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 .
(L.N. 201 of 1984) ___________________
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
Supreme 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 (a) Insert remedy sought in prayer of petition.
(b) Insert name and
address of petitioner. said petition may appear at the time of hearing in
person or by his counsel for that purpose; and a copy of the petition will be
furnished by the undersigned to any creditor or contributory of the said
company requiring such copy on payment of the regulated charge for the same.
Signed (c) [Name]
[Address] ___________________________________________________________ NOTE-Any
person who intends to appear on the hearing of the said petition must serve on
or send by post to the above-named, notice in writing of this intention so to
do. The notice must state the name and address of the person, or, if a firm,
the name and address of the firm, and must be signed by the person or firm, or
his or their solicitor (if any), and must be served, or if posted, must be
sent by post in sufficient time to reach the above-named not later than 6
o'clock in the afternoon of the
of , 19 . (c) To be
signed by the solicitor to the petitioner or by the petitioner if he has no
solicitor.
(L.N. 178 of 1978) __________________
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 the 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. I am (a director) (the secretary) of Company, Limited, the
petitioner in the above matter, and am duly authorized by the said petitioner
to make this affidavit on its behalf.
2. That such of the statements in the petition now produced and shown to me
marked with the letter "A", as relate to the acts and deeds of the said
petitioner or to my own acts and deeds, are true, and such of the statements
in the said petition as relate to the acts and deeds of any other corporation,
person or persons, I believe to be true.
Sworn, &c.
___________________
FORM 9 [rule 28]
ORDER APPOINTING A PROVISIONAL LIQUIDATOR AFTER PRESENTATION OF PETITION, AND
BEFORE ORDER TO WIND UP
the day of , 19 .
(Title)
Upon the application, &c., and upon reading, &c., the court doth hereby
appoint the Official Receiver (or as may be) to be provisional liquidator of
the above-named company. And the court doth hereby limit and restrict the
powers of the said provisional liquidator to the following acts, that is to
say [describe the acts which the provisional liquidator is to be authorized to
do and the property of which he is to take possession].
_________________________________________________________________ NOTE-It will
be the duty of the person who is at the time secretary or chief officer of the
company and of such of the persons who are liable to make out or concur in
making out the company's statement of affairs as the Official Receiver 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] (c) To be signed
by the person or
his solicitor or
agent. To
_________________
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 may require, to
attend on the Official Receiver at such time and piece 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 .
Official Receiver
Address
(The statement of the company's affairs (a) )
Note At the first meetings of the creditors and contributories they may
amongst
other things- (a) Here insert "has not been
lodged" or "has been lodged, and summary is enclosed". 1. By resolution
determine whether or not an application is to be made to the court to appoint
a liquidator in place of the Official Receiver.
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.
Note-If a liquidator is not appointed by the court the Official Receiver will
be the liquidator.
_____________
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 .
Official Receiver
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 Official Receiver.
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.
Note-If a liquidator is not appointed by the court the Official Receiver
will be the liquidator. (a) Here insert "has not been lodged" or " has been
lodged, and summary is enclosed".
_________________
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) Official Receiver (b) Insert name of person required to attend.
_________________________________________________________________ NOTE-The
failure of any director or officer to attend will be reported by the
Official Receiver to the court.
__________________
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. (a) Insert
"creditors" or "contributories", as the case may be.
Chairman
_________________
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 SUPREME 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 Official Receiver 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 share
(specify no. of shares)
(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 entails its refusal by
the court, and will necessitate it being re-sworn/re-affirmed.
(2) Where the Official Receiver 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 attached.
(specify no.)
Dated this day of 19
(Signature)
(*delete the inapplicable words)
Page 1
LIST B
DEBTS DUE TO THE COMPANY
Show the total of column (vi) of $ ........ under "Assets" on page 1 of the
Statement of Affairs
(i)
No. (ii)
Name of debtor (iii)
Address (iv)
Amount of debt
$ (v)
Date when contracted (vi)
Estimated to produce $ (vii)
Folio of ledger or other book where
particulars to be found (viii)
Nature of debt and particulars of any securities held 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
..................... ........................ ............... .............
............ .................. ..................
.....................
........................ ............... ............. ............
.................. ..................
..................... ........................ ............... .............
............ .................. ..................
..................... ........................ ............... .............
............ .................. ..................
..................... ........................ ............... .............
............ .................. ..................
..................... ........................ ............... .............
............ .................. ..................
..................... ........................ ............... .............
............ .................. ..................
..................... ........................ ............... .............
............ .................. ..................
..................... ........................ ............... .............
............ .................. ..................
..................... ........................ ............... .............
............ .................. ..................
..................... ........................ ............... .............
............ .................. ..................
..................... ........................ ............... .............
............ .................. ..................
..................... ........................ ............... .............
............ .................. ..................
..................... ........................ ............... .............
............ .................. ..................
..................... ........................ ............... .............
............ .................. ..................
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 (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 share 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
(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)
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 19 .
Upon the application of the Official Receiver and 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 Official Receiver 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 Official Receiver 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)
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) Passport
Number(s) together with
the name(s) of the issuing
country (or countries).
(b) State whether appointed by resolution of the company or by the
creditors or by order of the court and give date of resolution or
order.
(c) To be signed by each liquidator if more than one.
(L.N. 286 of 1997)
FORM 29 [rules 50-52]
ORDER DIRECTING A PUBLIC EXAMINATION
(Title)
Upon reading the reports of the Official Receiver 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
_________________
FORM 30 [rule 54]
ORDER APPOINTING A TIME FOR PUBLIC EXAMINATION
(Title)
Upon the application of the Official Receiver 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.
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) (a) Insert director or officer [or as the case may be.]
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
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.
I, the Official Receiver 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 Before
Upon the application of the Official Receiver 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 .
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 [ ]. (a) e.g.
A.B., a person ordered
to attend for
examination. Q. (b)
(b) Here state question. The (c) refused to answer the said question.
(or) The (c) answered the said question as follows:- (c) Witness. A. (d)
(d) Here insert answers (if any). 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]
________________
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.] (a) State place of examination.
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 __________________
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 and Liquidator of the
above-named company 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, Victoria, 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
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
(a) Insert description of the property disclaimed.
Dated this day of , 19 .
Liquidator
___________________
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
(a) Insert description of the property disclaimed. 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)
_____________
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. (a) Insert place of appointment.
Dated this day of , 19 .
Liquidator
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. (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.
Dated this day of , 19 .
(Signed)
Liquidator
__________________
STATEMENT
1. The amount due in respect of proofs admitted against the company, and the
estimated amount of the costs, charges, and expenses of the winding up, form
in the aggregate the sum of $ or thereabouts.
2. The assets of the company are estimated to realize the sum of $ . There are
no other assets, except the amount due from certain of the contributories to
the company, and in my opinion it will not be possible to realize in respect
of the said amounts more than $
3. The list of contributories has been duly settled, and persons have been
settled on the list in respect of the total number of shares.
4. For the purpose of satisfying the several debts and liabilities of the
company, and of paying the costs, charges, and expenses, of the winding up, I
estimate that a sum of $ will be required in addition to the amount of the
company's assets hereinbefore mentioned.
5. In order to provide the said sum of $ it is necessary to make a call
on the contributories, and having regard to the probability that some of them
will partly or wholly fail to pay the amount of the call, I estimate that for
the purpose of realizing the amount required it is necessary that a call of $
per share should be made.
(Annex tabular statement showing amounts of debts, costs, &c., and of assets.)
__________________
FORM 51 [rule 74(b)]
ADVERTISEMENT OF MEETING OF COMMITTEE OF INSPECTION TO SANCTION PROPOSED CALL
(Title)
Notice is hereby given that the undersigned liquidator of the above-named
company proposes that a call should be made "on all the contributories of the
said company", or, as the case may be, of $ per share, and that he has
summoned a meeting of the committee of inspection of the company, to
be held at on the day of , 19 , at o'clock in the noon, to obtain
their sanction to the proposed call. Each contributory may attend the meeting,
and be heard or make any communication in writing to the liquidator or the
members of the committee of inspection in reference to the intended call. A
statement showing the necessity of the proposed call and the purpose for which
it is intended may be obtained on application to the liquidator at his office
at (a). (a) Insert address.
Dated this day of , 19 .
Liquidator ____________________
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.
(a) Insert address. 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.
__________________
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 Supreme 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
_______________
FORM 57 [rule 75]
The day of 19 .
ORDER GIVING LEAVE TO MAKE A CALL
The day of 19 .
(Title)
Upon the application of the [Official Receiver and] liquidator of the
above-named company, the order to wind up the above-named company, the list of
contributories of the said company and the liquidator's certificate of the
final settlement of the same, and the affidavit of the said [Official Receiver
and] liquidator, filed the day of 19 , and the exhibit marked "A" therein
referred to, and an affidavit of filed the day of 19 . It is ordered that
leave be given to the [Official Receiver and] liquidator to make a call of $
per share on all the contributories of the said company (a). And it is
ordered that each such contributory do on or before the day
of 19 , pay to the [Official Receiver and] liquidator of the company,
the amount which will be due from him or her in respect of such call.
(a) Or as the case may be. _________________
FORM 58 [rule 76]
DOCUMENT MAKING A CALL
(Title)
I, the [Official Receiver and] liquidator of the above-named company,
in pursuance of (a) made (or passed) this day of 19 , hereby make a
call of per share on all the contributories of the company, which sum is
to be paid at my office (b) on the day of 19 .
(a) An order of court, or resolution of the committee of inspection.
(b) Insert address.
Dated this day of , 19 .
(L.N. 587 of 1995)
__________________
FORM 59 [rule 77]
NOTICE TO BE SERVED WITH THE ORDER SANCTIONING A CALL
(Title)
The amount due from you, A.B., in respect of the call made pursuant to leave
given by the above [or within] order is the sum of $ , which sum is to be paid
by you to me as the liquidator of the said company at my office, (a). In
default of payment interest at the rate of 8 per cent per annum will be
charged upon the amount unpaid from the day of until payment.
(a) Insert address.
Dated this day of , 19 .
To Mr. A.B.
Liquidator _________________
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
$ cents
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 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.] (L.N. 286 of 1997)
THE SCHEDULE REFERRED TO IN THE FOREGOING ORDER
No. on List
Name
Address
Description In what character included
Amount due
$ cents ______________________________________________________________________
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.
______________________
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 63 [rules 79, 80, 81, 82, 83 & 84] (Repealed L.N. 225 of 1992)
___________________
FORM 63A [rule 80]
PROOF OF DEBT-GENERAL FORM
IN THE SUPREME 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 Official Receiver 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
Official Receiver not later than 24 hour before the time specified in the
notice convening the meeting. (L.N. 225 of 1992; L.N. 306 of 1996)
_____________________
FORM 63B [rule 83]
AFFIDAVIT OF DEBT
IN THE SUPREME 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 Official Receiver
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)
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
$ cents
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 considerati