489

(2) Subject as aforesaid, if any company makes default in complying with any of the requirements of this Ordin- ance as to the registration with the registrar of any mort- gage or charge created by the company, the company and every director, manager, and other officer of the company, who knowingly and wilfully authorised or permitted the default shall, without prejudice to any other liability, be liable on sunimary conviction to a fine not exceeding one thousand dollars.

(3) If any person knowingly and wilfully authorises or permits the delivery of any debenture or certificate of de- benture stock requiring registration with the registrar under the foregoing provisions of this Ordinance without a copy of the certificate of registration being endorsed upon it, he shall, without prejudice to any other liability, be liable on summary conviction to a fine not exceeding one thousand dollars.

101.-(1) Every limited company shall keep at its Company's registered office a register of mortgages and euter therein register of all mortgages and charges specifically affecting property mortgages. 8 Edw. 7 e of the company, giving in each case a short description

69 s. 100. of the property mortgaged or charged, the amount of the mortgage or charge, and (except in the case of securities to bearer) the naines of the mortgagees or persons entitled thereto.

(2) If any director, manager, or other officer of the com- pany knowingly and wilfully authorises or permits the omission of any entry required to be made in pursuance of this section, he shall be liable to a fine not execoding five hundred dollars.

instruments

102.-(1) The copies of instruments creating any mort- Right to gage or charge requiring registration under this Ordinance inspect with the registrar of companies, and the register of mort- copies of gages kept in pursuance of the last foregoing section, shall creating be open at all reasonable times to the inspection of the mortgages registrar of companies or of any creditor or member of the and charges company without fee, and the register of mortgages shall and com- also be open to the inspection of any other person on pany's payment of such fee, not exceeding fifty cents for each mortgages. inspection, as a company may prescribe.

(2) If inspection of the said copies or register is refused, any officer of the company refusing inspection, and every director and manager of the company authorising or know- ingly and wilfully permitting the refusal, shall be liable to a fine not exceeding fifty dollars, and a further fine not exceeding twenty dollars for every day during which the refusal continues; and, in addition to the above penalty any judge of the court sitting in chambers may by order compel an immediate inspection of the copies or register.

(3) If such inspection cannot be obtained at the registered office of the company with the exercise of a reasonable amount of diligence, the company shall be liable to the same penalties as if such inspection had been actually refused.

register of

Ib. s. 101.

debenture

103.-(1) Every register of holders of debentures of a Right of de- compeny shall, except when closed in accordance with the benture artiels during such period or periods (not exceeding in the holders to whole thirty days in any year) as may be specified in the inspect the articles, be open to the inspection of the registered holder register of of any such debontures, and of any holder of shares in the holders and company, but subject to such reasonable restrictions as the to have company may in general mecting impose, so that at least copies of two hours in each day are appointed for inspection, and 16. s. 102. every such holder may require a copy of the register or any part thereof on payment of twenty-five conts for every one hundred words required to be copied.

(2) A copy of any trust deed for securing any issue of debentures shall be forwarded to every holder of any such debentures at his request on payment in the case of a printed trust deed of the sum of one dollar or such less sum as may be prescribed by the company, or, where the trust deed has not been printed, on payment of twenty-five vents for every one hundred words required to be copied.

trust deed.

Page 40Page 41

Share This Page