2088
No. 58 of 1911.
33. (1) If—
COMPANIES.
Power of Court to rectify register. 8 Edw. 7 c. 69 s. 32.
*
Register to be evidence. ib. s. 33.
Registrar may license companies to keep local registers.
+
(a) the name of any person is, without sufficient cause, entered in or omitted from the register of members of a company; or
(b) default is made or unnecessary delay takes place in entering on the register the fact of any person having ceased to be a member, the person aggrieved, or any member of the company, or the company, may apply to the Court for rectification of the register.
(2) The application may be made by motion in the Court, or by application to a Judge sitting in Chambers, or in such other manner as the Court may direct; and the Court may either refuse the application, or may order rectification of the register, and payment by the company of any damages sustained by any party aggrieved.
(3) On any application under this section the Court may decide any question relating to the title of any person who is a party to the application to have his name entered in or omitted from the register, whether the question arises between members or alleged members, or between members or alleged members on the one hand and the company on the other hand; and generally may decide any question necessary or expedient to be decided for rectification of the register.
(4) In the case of a company required by this Ordinance to send a list of its members to the Registrar of Companies, the Court, when making an order for rectification of the register, shall by its order direct notice of the rectification to be given to the Registrar.
34. The register of members shall be primâ facie evidence of any matters by this Ordinance directed or authorised to be inserted therein.
35.—(1) The Registrar of Companies may, subject to instruction from the Governor, issue an annual licence, available for the period of one year, to any company whose objects comprise the transaction of business outside the Colony, empowering such company, if it is authorised so to do by its regulations as originally framed or as altered by special resolution, to keep in any place in which it transacts business a register or registers of members: Provided that a company applying for such licence must satisfy the Registrar by a statutory declaration to be filed with him that a principal part of the business of the company is carried on at or near the place where it desires to keep such register.
* As amended by No. 16 of 1912.
† As amended by No. 50 of 1911, No. 16 of 1912 and No. 43 of 1912.