THE HONG KONG GOVERNMENT GAZETTE, DECEMBER 2, 1932.
of Ordinance
295. This Ordinance shall apply to every unlimited Application company registered as a limited company in pursuance to companies of section fifty-eight of the Companies Ordinance, re-registered 1911, in the saine manner as it applies to an un- under limited company registered in pursuance of this former Ordinance as a limited company:
Companies Ordinance.
1911.
Provided that reference, express or implied, to the Ordinance date of registration shall be construed as a reference No. 58 of to the date at which the company was registered 19 & 20 Geo. as a Imited company under the said section of the 5, c. 23, Companies Ordinance, 1911.
8 318.
PART IX.
COMPANIES NOT FORMED UNDER
ORDINANCE THIS
AUTHORISED TO REGISTER UNDER THIS ORDINANCE, 296-(1) With the exceptions and subject to the Companies capable of provisions contained in this section, any company being formed whether before or after the commencement registered. of this Ordinance, in pursuance of any Ordinance 19 & 20 Geo. other than this Ordinance, or of letters patent, or 5, c. 23, being otherwise duly constituted according to law, and consisting of seven or more members, may at any
register under this Ordinance
time
as an
unlimited company, or as a company limited by shares, or as a company limited by guarantee; and the registration shall not be invalid by reason that it has taken place with a view to the company being wound up:
Provided that-
(i) A company registered under the Companies Ordinance, 1865, or the Companies Ordinance, 1911, shall not register in pursuance of this section:
(ii) A company having the liability of its meṛn- hers limited by Ordinance, Act of Parliament or letters patent, and not being a joint stock company as hereinafter defined, shall not register in pursuance of this section:
as a
company
(iii) A company having the liability of its mem- bers limited by Ordinance, Act of Parliament or letters patent shall not register in pursu- ance of this section as an unlimited company or as a company limited by guarantee: (iv) A company that is not a joint stock company as hereinafter defined shall not register in pursuance of this section limited by shares: (v) A company shall not register in pursuance of this section without the assent of a majority of such of its members as are present in person or by proxy (in cases where proxies are allowed by the regulations of the com- pany) at a general meeting summoned for the purpose:
(vi) Where a company not having the liability of its members limited by Ordinance, Act of Parliament or letters patent is about to register as a limited company, the majority required to assent as aforesaid shall consist of not less than three-fourths of the members present in person or by proxy at the meeting:
(vii) Where a company is about to register as
company limited by guarantee, the assent to its being so registered shall be accompanied by a resolution declaring that each member undertakes to contribute to the assets of the company, in the event of its being wound up while he is a member, or within one year after he ceases to be a member, for payment
s. 321.
1079