1397
If any company to which this sub-section applies fails to comply with its provisions, the company and every director, officer and agent of the company who is knowingly a party to the default shall be liable to a fine not exceeding fifty dollars for each day during which the default continues.
(2) Upon the receipt of any such notice by the Transfer on registrar of the register in which the documents and notice by records of the company in question are filed, such company, registrar shall proceed to determine whether the com- pany shall remain on such register or shall be trans- ferred from such register to the register at Shanghai or to the register in Hong Kong, as the case may be.
Before so determining it shall be lawful for such registrar to call upon the company for such proof of the correctness of the notice as he may require.
If upon such determination suen registrar is of opinion that the company ought to be transferred from his register to the register at Shanghai or to the register in Hong Kong, as the case may be, be shall order such transfer and shall send all the docu- ments and records filed in his office relating to such company to the registrar of companies at Shanghai or to the registrar of companies respectively and shall serve notice of the order on the company: Provided that he shall not without the consent of the company post or despatch the documents and record relating thereto until after the expiration of one month from the service of the order on the
company.
(3) The registrar of companies may at any time Transfer of his own motion or on the request of the registrar on motion of
Registrar. of companies at Shanghai, send to any company registered under this Ordinance carrying on business in Hong Kong a notice calling on such company to show to the satisfaction of the registrar of companies that it ought not to be transferred to the register at Shanghai, as being a China company, and such notice shall fix a date by which such company shall submit its case in writing to the registrar of companies,
If the company fails to show to the satisfaction of the registrar of companies that it ought not to be transferred to the register at Shanghai, the registrar of companies shall order such transfer and shall forthwith serve notice of the order on the com- pany: Provided that he shall not without the consent of the company send the documents and records to the register at Shanghai until after the expiration of one month from the service of the order on the
company.
The registrar of companies at Shanghai may at any
time of his own motion, or on the request of the registrar of companies, send to any company registered under this Ordinance carrying on business within the limits of the China Orders in Council a notice calling on such company to show to the satisfaction of the registrar of companies at Shanghai that it ought not to be transferred to the register in Hong Kong, as being a Hong Kong China company, and such notice shall fix a date by which such company shall submit its case in writing to the registrar of companies at Shanghai.
If any such company fails to show to the satisfaction of the registrar of companies at Shanghai that it ought not to be transferred to the register in Hong Kong, the registrar of companies at Shanghai shall order such transfer, and shall forthwith serve notice of the order on the company: Provided that he shall not without the consent of the company send the documents and records relating thereto to the register in Hong Kong until after the expiration of one month from the service of the order on the com- pany.
}