CAP. 32]

(6 of 1984.) [*31.8.84.]

Register of charges to be kept by Registrar.

1929 c. 23, s. 82.

Companies

[1984 Ed.

(1A) The requirement in subsection (1) to register a charge referred to in that subsection shall apply in relation to any property of an existing company acquired by the company before the date of commencement* of the Companies (Amendment) Ordinance 1984 as if that property was so acquired on that date, except that, for the purposes of this subsection-

(a) subsection (1) shall be read and construed as if for "5 weeks after the date on which the acquisition is completed" there were substituted “6 months after the date of commencement of the Companies (Amendment) Ordinance 1984, unless the property ceased to be so charged, or the charge was registered, prior to that date";

(b) the proviso to subsection (1) shall not apply. (Added, 6 of 1984, s. 48)

(2) 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 $1,000. (Amended, 6 of 1984, s. 48)

83. (1) The Registrar of Companies shall keep, with respect to each company, a register in the prescribed form of all the charges requiring registration under this Part, and shall, on payment of the prescribed fee, enter in the register with respect to such charges the following particulars--

(a) in the case of a charge to the benefit of which the holders of a series of debentures are entitled, such particulars as are specified in section 80(7);

(b) in the case of any other charge-

(i) if the charge is a charge created by the company, the date of its creation, and if the charge was a charge existing on property acquired by the company, the date of the acquisition of the property; and

(ii) the amount secured by the charge; and

(iii) short particulars of the property charged; and

(iv) the persons entitled to the charge.

(2) The Registrar shall give a certificate under his hand of the registration of any charge registered in pursuance of this Part stating the amount thereby secured, and the certificate shall be conclusive evidence that the requirements of this Part as to registration have been complied with.

(3) The register kept in pursuance of this section shall be open to inspection by any person on payment of the prescribed fee. (Amended, 49 of 1975, s. 2)

(4) [Deleted, 6 of 1984, s. 49]

84. [Repealed, 6 of 1984, s. 50]

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