296
CAP. 32]
Companies
[1984 Ed.
:
Power of Governor in Council to
order Registrar to refuse registration
if satisfied that
a company is
being formed
to evade the Societies Ordinance.
(Cap. 151.)
Power of
Governor in Council to
order company
engaging in undesirable
activities to be struck off. (Cap. 151.)
360B. If the Registrar suspects that the memorandum and articles of association of a company delivered to him in accordance with section 15 relate to a company which is being formed with the object of circumventing---
(a) the refusal of the Registrar of Societies to register a society
under the Societies Ordinance; or
(b) the cancellation by the Registrar of Societies of the registration of a society registered under the Societies Ordinance; or
(c) the rescission by the Registrar of Societies of an order made by him exempting a society from registration under the Societies Ordinance; or
(d) an order of the Governor in Council dissolving a society exempted or registered under the Societies Ordinance,
or for the purpose of otherwise evading or defeating the provisions of the Societies Ordinance or anything done thereunder, it shall be lawful for him to withhold registration of the same pending the receipt of the instructions of the Governor in Council with respect thereto. In the event of the Governor in Council being satisfied that the company is being formed with any such object or for any such purpose, he may order the Registrar to refuse registration of the memorandum and articles, and upon receipt of such order, the Registrar shall, notwithstanding the provisions of section 15, refuse registration of the memorandum and articles.
360C. (1) If the Governor in Council is satisfied that a company formed and registered under this Ordinance or any former Companies Ordinance would, if it were a society registered under the Societies Ordinance, be liable to have its registration under that Ordinance cancelled by the Registrar of Societies on any of the grounds specified in section 10 of the Societies Ordinance, the Governor in Council may order the Registrar of Companies to strike such company off the register of companies.
(2) The Registrar shall thereupon strike the name of the company off the register, and shall publish notice thereof in the Gazette, and on such publication the company shall be dissolved:
Provided that the liability, if any, of every director, officer and member of the company shall continue and may be enforced as if the company had not been dissolved.
(3) A copy of such notice shall be sent to such company, and may either be sent by post or be delivered by hand addressed to the company at its registered office, or if no office has been registered, addressed to the care of some director or officer of the company, or if there is no director or officer of the company whose name and address are known to the Registrar, the notice may be sent or delivered to each of the persons who subscribed the memorandum of association, addressed to him at the address mentioned in that
C
)