COMPANIES (FEES AND PERCENTAGES) ORDER

COMPANIES (FEES AND PERCENTAGES) ORDER

COMPANIES (FEES) ORDER.

(Cap. 32, section 290).
(Ordinance No. 39 Of 1932).

[1st September, 1934.]

1. This order may be cited as the Companies (Fees)
Order.
2. The following fees shall be payable-
(a) for inspecting in respect of any company
the register or any file or document-for
each inspection ................$ 1.00
(b) for a certificate of incorporation 5.00
(c) for a certified copy or extract of any other
document or any part of any other docu-
ment where the copy or extract has been
prepared in the- -office -of the - Registrar,
Pei- fOlliO Of 72 words ........... 0.50
(d) for a certified copy or extract of any other
document or any part of any other docu-
ment where the copy or extract has not been
prepared in the office of the Registrar,
Per folio Of 72 Words ............. 0.10

COMPANIES (FEES AND PERCENTAGES) ORDER.
(Cap. 32, section 281).
(Ordinance No. 39 Of 1932).

[1st January,. 1937.]

1. This order may be cited as the Companies (Fees and
Percentages) Order.

2. In this order, unless the context otherwise requires,
a section referred to by number means' the section so
numbered in the Companies Ordinance, and a rule referred to
by number means the rule so numbered in the Companies
(Winding-up) Rules.

3. The fees and percentages to be taken in the Supreme
Court in respect of proceedings under the Companies Ordin-
ance (other than winding-up proceedings) shall be the fees





contained in the First Schedule, and, where the proceeding
is one for which no fee is prescribed in the said Schedule, the
fees and percentages prescribed for a similar proceeding in
the Original jurisdiction of the Supreme Court by the order
made by the Chief justice on the ioth da), of July, 1931,
approved by the Legislative Council on the 16th day of July,
1931, and published as Government Notification NO. 450 in
the Gazette of the 17th day of July, 1931, or any order
amending it.

4. The fees and percentages to be taken in the Supreme
Court in respect of proceedings in the winding up of
companies shall be-
(a) the fees contained in the Second Schedule; and
(b)the fees contained in the First Schedule, where the
proceeding described therein is taken with respect
to a company which is being wound up ; and
--(c) - where the- -proceeding is one for which no fee-is
prescribed in the said First and Second Schedules,
the fees and percentages prescribed for a similar.
proceeding in the Original Jurisdiction of the
Supreme Court by the order made by the Chief
justice on the 10th day of July, 1931, approved by
the Legislative Council on the 16th day of July,
1931, and published as Government Notification
No. 450 in the Gazette of the 17th day of July, 1931,
or any order amending it

5. The fees and percentages prescribed in the First and
Second Schedules to this order shall be taken in adhesive
stamps which shall be cancelled by the proper officer in the
manner for the time being required by the Accountant
General.

6. The fees and percentages set out in the Third
Schedule to this order in respect of proceedings in the
winding up of companies shall be taken in the office of the
Official Receiver or of the Registrar of Companies, as the
case may be.

7. The fees and percentages prescribed in the Third
Schedule shall be taken in money.





8. Wherever practicable the stamp shall be affixed or
the rnoney paid in respect of every fee before the proceeding
is had in respect of which the fee is payable.

9. Where the head office of the cornpany being wound
up is situate in Hong Kong, and the liquidation takes place
partly in Hong Kong and partly elsewhere, or where the
court has sanctioned a reconstruction of the company or a
scherne of arrangement-of its-,tff~tir--,- orwhereforany other
reason the Official Receiver satisfies the court that the fees
or percentages in Table B in the Third Schedule would be
excessive, such reduction may be made in the said fees or
percentages as ma ' y, on the application of the Official
Receiver, be sanctioned by the court.

FIRST SCHEDULE.

Document to
Item Fee be stamped.
1. On presenting a petition-
(a) under section 8 to con-
firm an alteration in a
memorandum; and
(b)under section 59 to con- $65.00 The,petition..
firm a reduction of
capital.
This fee includes any
fee on answering a peti-
tion or setting down for
hearing. Where a peti-
tion is presented under
more than one of these
sections, only one fee of
$65 shall be charged on
the petition.
2. On an application-
(a)under section 64 to
cancel a variation of
shareholders' rights;
(b)under section 2 75 for a
declaration that the dis-
solution of a company is
void;
(c)under section 276 to
restore a name to the
register of comT)anies;
(d)under section 86 for ex-
tension of time for
registration or for recti-
fication of register of
charges; and
(e) under section 151 to $25.00 The notice of
sanction a compromise motion or
or arrangement. summons.





SECOND SCHEDULE.

Item FeeDocument to
be stamped.
1. On presenting a petition for
the winding up of a company
by or under the supervision
of the court .....$40.00 The petition.
This fee includes any fee on
answering a petition or set-
ting down for hearing. No
fee is payable on a winding-
up order or an order con-
tinuing a voluntary liquida-
tion subject to the supervi-
sion of the court.
2. On a proof debt $20 (other
than a proof for workmen's
wages) ...........1.00 The proof.
This fee includes adininis-
tering oath and filing. No
fee is payable on a proof for
$20 or under.

THIRD SCHEDULE.

TABLE A

Item Fee

1. On an inspection of a liquidator's statement $
sent to the Registrar of Companies under
section......................269 ............................................... 1.00
2. For a copy of or extract from any such state-
ment per folio ................0.50
3. On an application by a committee of inspec-
tion to the Official Receiver for a special bank
account under section 187 .....15.00
4. On an order by the Official Receiver for a
special bank account ..........30.00
5. On an application to the Official Receiver-
(a) under section 16 for payment of money
out of the Companies Liquidation
Account; or
(b) after six months from the date of issue,
for the re-issue of a lapsed cheque ot.
money order in respect of moneys stand-
ing to the credit of that account-
where the amount applied for does
not exceed $2C ................1.00
where the amount applied for
exceeds $20 ...................2.00





TABLE A,-cont.

Item Fee
6. For insertion in the Gazette of a notice $
relating to a company which is being wound
up by the court ............4.00
7. For the services of the shorthand writer
-- attached -to--the -Official Receiver's Office-
where his attendance in court does not
exceed 1 hour ............5.00
for every hour or part of an hour after
the first hour ...........2.50
for a transcript of his notes-per folio 0.25
TABLE B.
I. On the audit of the Official Receiver's or liquidator's accounts
a fee according to the following scale on the amount brought to
credit,i including the produce of calls on contributories, but after
u,
ded _ ng (a) the amount spent out of the money received in carry
ing on the business of the company, and (b) amounts paid by the
Official Receiver or liquidator to secured creditors (other than
debenture holders)-
................................Per cent.
on the first $50,000 or fraction thereof 1 1/2
on the next $1,250,000 or fraction thereof 1
on the next $5,000,000 or fraction thereof 1/2
on the next $6,500,000 or fraction thereof 1/4
above $12,800,000 ..............1/8

II. Where the Official Receiver acts as provisional liquidator
only-
(a)Where no winding-up order is made upon the petition, or
where a winding-up order is rescinded, or all further
proceedings are stayed prior to the summoning of the
statutory meetings of creditors and contributories-
such amount as the court may consider reasonable to be
paid by the petitioner, or by the company, as the court may
direct, in respect of the services of the Official Receiver as
provisional liquidator.
(b) Where a winding-up order is made but the Official Receiver
is not continued as liquidator after the statutory meetings
of creditors and contributories-
(1) In respect of every 10 members, creditors and debtors,
and every fraction of 10 up to 1,000 $10.00
For every 10 or fraction of 10 above 1,000 . 5.00
Provided that where the net assets of the company,
including uncalled capital, are estimated in the state-
ment of affairs not to exceed $50,000, three-filfths of the
above fee only shall be charged.
(This fee is to include cost of official stationery, printing,
books, forms and postages in Hong Kong).
(2) On the value of the company's property as estimated in
the statement of affairs, after deducting (in cases where
a person other than the Official Receiver has, prior to
but not on the day of the making of the winding-up
order, been appointed receiver for debenture holders)
the amount due to debenture holders-





............................. Per cent.
on the first $50,000 or fraction thereof 1 1/4
on the next $200,000 or fraction thereof 3/4
on the next $750,000 or fraction thereof 1/2
above $1,000,000 ............ 1/4
III. Where the Official Receiver acts as liquidator of the
company and a special manager is appointed (to include the Official
Receiver's services as provisional liquid,.ttor)-~--
such amount as the court, on the application -of the Official
Receiver, may consider reasonable.
IV.In all other cases where the Official Receiver acts as
liquidator of the company (to include his services as provisional
liquidator)-
(1) In respect of every 10 members, creditors and debtors,
and every fraction of 10 ..$20.00
Provided that where the net assets of the company, includ-
ing uncalled capital, do not exceed $50,000, three-fifths
of the above fee only shall be charged.
(This fee is to include cost of official stationery, printing,,
books, forms and postages in Hong Kong).
(2) Upon the total assets, including the produce of calls
on contributories, realized or brought to credit by the
Official Receiver, after deducting sums on which fees
are chargeable under number V of this Table, and the
amount- spent- out- of the- -money received - in carrying
on the business of the company-
Per cent.
on the first $15,000 or fraction thereof 6
on the next $20,000 or fraction thereof 5
on the next $25,000 or fraction thereof 4
on the next $65,000 or fraction thereof 3
on the next $115,000 or fraction thereof 2
above $240,000 .............1
(3) On the amount distributed in dividend or paid to con-
tributories, preferential creditors, and debenture holders
by the Official Receiver, half the above percentages.
V. Where the Official Receiver collects, calls or realizes property
for debenture holders--
the same fees as under number IV (2) and (3) of this table, to
be paid out of the proceeds of such calls or property.
VI. Where the Official Receiver realizes property for secured
creditors other than debenture holders-
thesame fees as under number IV (2) of this table, to be
paid out of the proceeds of such property.
VII. Where the Official Receiver performs any special duties
not provided for under the foregoing numbers in this Table-
such amount as the court, on the application of the Official
Receiver may consider reasonable.
VIII. Travelling, keeping possession, law costs, and other
reasonable expenses of the Official Receiver-the amount disbursed.
. IX. On every payment under section 270 of money out of the
Companies Liquidation Account ten cents on each $10 or fraction
of $10, to be charged as follows-
where the money consists of unclaimed dividends, on each
dividend paid out;
where the money consists of undistributed funds or balances,
on the amount paid out.
G.N. 609/34. Citation. Fees. G.N. 1019/36. (Cap. 32.) [para. 3 cont.]

G.N. 609/34. Citation. Fees. G.N. 1019/36. (Cap. 32.) [para. 3 cont.]

https://oelawhk.lib.hku.hk/items/show/1689

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