56

companies. 25 & 26 Vict. c. 89 s. 20.

Special provisions as to incorporation formed for purposes not of gain. 30 & 31 Vict. c. 131 s. 23.

No. 1.] THE ORDINANCES OF HONGKONG : [A.D. 1865.

nearly resembling the same as to be calculated to deceive, except in a case where such subsisting company is in the course of being dissolved and testifies its consent in such manner as the Registrar of Companies may require.

(2.) If any company, through inadvertence or otherwise, is, without such consent as aforesaid, registered by a name identical with that by which a subsisting company is registered, or so nearly resembling the same as to be calculated to deceive, such first-mentioned company may, with the sanction of the Registrar, change its name, and, on such change being made, the Registrar shall enter the new name on the register in the place of the former name, and shall issue a certificate of incorporation altered to meet the circumstances of the case.

(3.) No such alteration of name shall affect any rights or obligations of the company, or render defective any legal proceedings instituted or to be instituted by or against the company, and any legal proceedings may be continued or commenced against the company by its new name that might have been continued or commenced against it by its former name.

Associations not for Profit.

25.-(1.) Where any association is about to be formed under this Ordinance as a limited company, if it proves to the Governor that it is an association formed for the purpose of promoting commerce, art, science, religion, charity, or any other useful object, and that it is the intention of the association to apply the profits, if any, or other income of the association in promoting its objects, and to prohibit the payment of any dividend to the members of the association, the Governor may, by licence under his hand, direct the association to be registered with limited liability without the addition of the word "Limited" to its name, and the association may be registered accordingly, and on registration shall enjoy all the privileges and be subject to all the obligations by this Ordinance imposed on limited companies, with the exceptions that none of the provisions of this Ordinance which require a limited company to use the word "Limited" as any part of its name, or to publish its name, or to send a list of its members, directors, or managers to the Registrar of Companies shall apply to an association so registered.

(2.) The licence of the Governor may be granted on such conditions and subject to such regulations as the Governor may think fit to impose, and such conditions and regulations shall be binding on the association, and may, at the option of the Governor, be inserted in the memorandum and articles of association or in one of those documents.

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