56
CAP. 32]
2N153/78
(Cap. 117.)
Companies
[1984 Ed.
ment relating to his allotment, or who has, by adding Chinese characters after his name on any such document or by other means, indicated that he wishes the Chinese characters to be entered on the register of members, his name both in English and in Chinese characters) addresses and the occupations or descriptions of the allottees, and the amount, if any, paid or due and payable on each share whether on account of the nominal value of the share or by way of premium; and (Replaced, 6 of 1984, s. 24) (b) in the case of shares allotted as fully or partly paid up otherwise than in cash, or allotted in consideration of a premium paid or payable wholly or partly otherwise than in cash, a contract in writing constituting the title of the allottee to the allotment together with any contract for sale, or for services or other consideration in respect of which that allotment was made, such contracts being duly stamped, and a return stating the number and nominal amount of shares so allotted, the extent to which they are to be treated as paid up, the extent to which premium paid or payable wholly or partly otherwise than in cash is to be treated as paid, and the consideration for which they have been allotted. (Replaced, 80 of 1975, s. 2)
(1A) Notwithstanding subsection (1)--
(a) where shares are allotted credited as fully or partly paid up otherwise than in cash in pursuance of a scheme of arrangement under section 166, the delivery to the Registrar under that section of an office copy of the order of the court sanctioning the scheme shall be a sufficient compliance with the requirements of subsection (1)(b);
(b) where shares are allotted credited as fully paid up on a capitalization, the delivery by the company to the Registrar of a copy of the resolution authorizing the allotment shall be a sufficient compliance with the requirements of subsection (1)(b). (Added, 6 of 1984, s. 24)
(2) Where such a contract as mentioned in subsection (1)(b) is not reduced to writing, the company shall within 8 weeks after the allotment deliver to the Registrar for registration the prescribed particulars of the contract, and the Registrar may, as a condition of filing the particulars, require that the duty payable thereon be adjudicated under section 13 of the Stamp Duty Ordinance. (Amended, 31 of 1981, s. 65 and 6 of 1984, s. 24)
(3) If default is made in complying with this section, the company and every officer of the company who is in default shall be liable to a default fine of $500: (Amended, 6 of 1984, s. 24)
Provided that, in case of default in delivering to the Registrar any document within 8 weeks after the allotment any document required to be delivered by this section, the company, or any person liable for the default, may apply to the court for relief, and the court, if satisfied that the omission to deliver the document was accidental