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Curiously the Companies (Winding Up and Miscellaneous Provisions) Ordinance makes no express provision for insolvency set-off within the statute itself, and instead, the relevant provisions are incorporated by reference from the Bankruptcy Ordinance. [24]
There are "traditional" provisional liquidators, appointed under section 193 of the Hong Kong Companies (Winding Up and Miscellaneous Provisions) Ordinance (Cap 32); there are also provisional liquidators appointed pursuant to a members' voluntary liquidation under section 228A of the Ordinance, and there are "Panel T" appointments under ...
Legislation relating to voidable floating charges is intended to prevent abuse of a security interest which catches literally all of the assets of the company, and could be used by person to strip out all of the assets from a company in difficulty from the unsecured creditors. However, if the holder of the floating charge has inserted new money ...
When appointed by the court and creditors, the Official Receiver (破產管理署) is responsible for the proper and orderly administration of the estates of insolvent companies ordered to be wound up by the court under the winding-up provisions of the Companies Ordinance and of individuals or partners declared bankrupt by the court under the ...
Having wound-up the company's affairs, the liquidator must call a final meeting of the members (if it is a members' voluntary winding-up), creditors (if it is a compulsory winding-up) or both (if it is a creditors' voluntary winding-up). The liquidator is then usually required to send final accounts to the Registrar and to notify the court.
Subdivision 4: Provisions applicable to every Voluntary Winding up; Division 4: Provisions Applicable to Every Mode of Winding up Subdivision 1: General; Subdivision 2: Proof and Ranking of Claims; Subdivision 3: Effect on other Transactions; Subdivision 4: Offences; Subdivision 5: Dissolution; Division 5: Winding up of Unregistered Companies ...
In most jurisdictions, a liquidator's powers are defined by statute. [3] Certain powers are generally exercisable without the requirement of any approvals; others may require sanction, either by the court, by an extraordinary resolution (in a members' voluntary winding up) or the liquidation committee or a meeting of the company's creditors .In the United Kingdom, see sections 165-168 of the ...
security interests and other real rights created prior to the insolvency proceeding are unaffected by the winding up; the liquidator takes the assets subject to all limitations and defences; the pursuit of personal rights against the company is converted into a right to prove for a dividend in the liquidation