338

CAP. 32]

Companies

[1984 Ed.

(Cap. 50.)

42. Any report required by Part II shall either indicate by way of note any adjustments as respects the figures of any profits or losses or assets and liabilities dealt with by the report which appear to the persons making the report necessary or shall make those adjustments and indicate that adjustments have been made.

43. Any report by accountants required by Part II shall be made by accountants qualified under the Professional Accountants Ordinance for appointment as auditors of a company and shall not be made by any accountant who is an officer or servant, or a partner of or in the employment of an officer or servant, of the company or of the company's subsidiary or holding company or of a subsidiary of the company's holding company; and for the purposes of this paragraph the expression "officer" shall include a proposed director but not an auditor. (Amended, 6 of 1984, s. 259)

44. For the purposes of paragraph 6, the description of a person, that is to say, his profession, trade or other occupation shall be stated with particularity and precision; and the description "Company Director" shall be inadequate unless supplementary information is provided stating the nature of the relevant company's business.

45. For the purposes of this Schedule, "address" in the case of a natural person means the place of his usual residence.

46. Any valuation report required by Part II-

(a) shall not state or imply that any land or building has been professionally valued unless the valuation is made by a professionally qualified valuation surveyor who is subject to the discipline of a professional body;

(b) shall not be made by a person who is an officer or servant or proposed director of the company or the company's subsidiary or holding company or of a subsidiary of the company's holding company; and

(c) shall not be made by a company which-

(i) is the company's subsidiary or holding company or a subsidiary of the company's holding company; or

(ii) has either a paid-up capital of less than $1,000,000 or the assets of which do not exceed liabilities by $1,000,000 or more as shown in the company's last balance sheet.

47. For the purposes of Part II, "guarantor corporation" in relation to a company, means a corporation that has guaranteed or has agreed to guarantee the repayment of any money received or to be received by the company in response to an invitation to the public to subscribe for or purchase debentures of the company.

(Third Schedule replaced, 78 of 1972, s. 21)

FOURTH SCHEDULE

Form of STATEMENT IN LIEU OF PROSPECTUS TO BE DELIVERED TO REGISTRAR BY A COMPANY WHICH DOES NOT ISSUE A PROSPECTUS OR WHICH DOES NOT GO TO ALLOTMENT ON A PROSPECTUS ISSUED, AND REPORTS TO BE SET OUT THEREIN

PART I

FORM OF STATEMENT AND PARTICULARS TO BE CONTAINED THEREIN

THE COMPANY ORDINANCE

Statement in lieu of Prospectus delivered for registration by [Insert the name of the company]

Pursuant to section 43 of the Companies Ordinance

[s. 43.]

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