90
CAP. 32]
(6 of 1984.) [*31.8.84.]
Copies of instruments creating charges to be kept by company.
[cf. 1948 c. 38, s. 103.]
Companies
[1984 Ed.
(b) any person who is in possession of the property of a company as mortgagee goes out of possession of the property,
he shall, on ceasing so to act or on going out of possession, as the case may be, give the Registrar notice to that effect, and the Registrar shall enter the notice in the register of charges.
(3) If any person makes default in complying with the requirements of this section, he shall be liable to a fine of $200 for every day during which the default continues.
(4) This section shall, in relation to any mortgagee in possession of the property of any company who entered into possession thereof as mortgagee prior to the date on which the provisions of this section in force at the commencement* of the Companies (Amendment) Ordinance 1984 ceased to have effect, be read and construed as if for the reference to the date of entering into possession there were substituted a reference to the date aforesaid.
(Replaced, 6 of 1984, s. 52)
Provisions as to Company's Register of Charges and as to Copies of Instruments creating Charges
88. (1) Every company shall cause a copy of every instrument creating any charge requiring registration under this Part to be kept-
(a) at the registered office of the company; or
(b) if the work in connexion with the keeping of copies of such instruments is done at an office of the company other than the registered office of the company, at that other office; or
(c) if the company arranges with some other person for the keeping of such copies to be undertaken on behalf of the company by that other person, at the office of that other person at which the work in connexion with the keeping thereof is done,
so, however, that such copies shall not be kept at a place outside Hong Kong.
(2) In the case of a series of uniform debentures, the keeping of a copy of one debenture of the series shall be sufficient for the purposes of subsection (1).
(3) Every company shall send notice to the Registrar in the prescribed form of the place where copies of instruments required to be kept under subsection (1) are so kept and of any change in that place: