1984 Ed.]
Companies
[CAP. 32
91
Provided that a company shall not be bound to send such notice where such copies have, at all times since they came into existence or, in the case of copies in existence at the commencement of the Companies (Amendment) Ordinance 1984, at all times since then, been kept at the registered office of the company.
(4) Where a company makes default in complying with sub-section (1) or makes default for 14 days in complying with subsection (3), the company and every officer of the company who is in default shall be liable to a default fine of $500.
(Replaced, 6 of 1984, s. 53)
89. (1) Every company shall keep a register of charges and enter therein all charges specifically affecting property of the company and all floating charges on the undertaking or any property of the company, giving in each case a short description of the property charged, the amount of the charge, and, except in the case of securities to bearer, the names of the persons entitled thereto.
(2) The register of charges of a company shall be kept-
(a) at the registered office of the company; or
(b) if the work of making it up 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 making up of the register to be undertaken on behalf of the company by that other person, at the office of that other person at which the work is done,
so, however, that it shall not be kept at a place outside Hong Kong.
(3) Every company shall send notice to the Registrar in the prescribed form of the place where its register of charges is kept and of any change in that place:
Provided that a company shall not be bound to send such notice where the register has, at all times since it came into existence or, in the case of a register in existence at the commencement of the Companies (Amendment) Ordinance 1984, at all times since then, been kept at the registered office of the company.
(4) Where a company makes default in complying with sub-section (1) or (2) or makes default for 14 days in complying with subsection (3), the company and every officer of the company who is in default shall be liable to a default fine of $500.
(5) If any officer of the company knowingly and wilfully authorizes or permits the omission of any entry required to be made under this section, he shall be liable to a fine of $10,000 and to imprisonment for 6 months.
(Replaced, 6 of 1984, s. 53)
(6 of 1984.) (*31.8.84]
Company's register of charges.
[cf. 1948 c. 38. s. 104]
(6 of 1984.) (*31.8.84]