includes this
esther
71% for of
priate tem
L
I aufses
at don a
- 2 -
•
of the
(2.) All acts done within the limits of the China Acts done
by or before (Companies) Order-in-Council, 191 in pursuance
Shanghai provisions of the Companies Ordinances by, to, with, or Registrar before the Registrar of Companies at Shangbai shall, sub- of same ject to the provisions of the China (Companies) Order-in validity as it Council, 191, be of the same force and validity
as if they done by or had been done by, to, with, or before the Registrar of Hongkong Companies.
Registrar.
before
(3.) All doenments and other written information which Documents a company is required by the Companies Ordinances to file in case
of Ubins with the Registrar of Companies shall in the case of Company to China Company be filed with the Registrar of Companies be filed with at Shanghai, and a copy of all such documents and other Shangbai written information shall in the case of a Hongkong and in case
Registrar: China Company be filed with the Registrar of Companies of Hongkong at Shanghai.
China
Company
copisa Df
same to be
similarly filed.
(4.) All fees which a company is required by the Com Fees in caso panies Ordinances to pay to the Registrar of Companies of Ubina
Company shall in the case of a China Company be paid to the
to be paid Registrar of Companies at Shanghai.
to Shanghai Kegist.car.
4. (1.)(.) Every Chiua Company which for the time Transfer being is on the Register in Hongkong shall be transferred from one to the Register at Shanghai, and every Hongkong China Register to
another. Company which for the time being is on the Register at Shanghai shall be transferred to the Register in Hongkong. (6.) In the case of any such transfer, upon the posting or despatch by the Registrar of the Register on whichi such company for the time being is of the documents and records of such company filed in snch Register the com- pany shall, subject to any order of the Court which may be made iu that behalf, be deemed to have been transferred to the Register at Shanghai or to the Register in Hong- kong as the case may be.
(2.)—(a.) Every Hongkong China Company, and every China Company, which shall be in existence at the com- mencement of this Ordinance, shall within two months after the commencement of this Ordinance send notico in writing to the Registrar of Companies and to the Registrar of Com- panies at Shanghai of the place from which its operations are directed and controlled.
(8) Every Hongkong Chius Company, and overy China Company, which shall be incorporated after the commence- ment of this Ordinance shall on or before the date of delivery for registration of its memorandurn and articles send notice in writing to the Registrar of Companies and to the Re- gistrar of Companies at Shanghai of the place from which its operations are intended to be directed and controlled.
(c) Every Hongkong China Company and every China Company, whether incorporated before or after the com- mencement of this Ordinance, shall in the event of any change occurring in the place from which its operations are directed and controlled, send notice in writing of such change to the Registrar of Companies and to the Registrar of Companies at Shanghai, within one month of such change occurring,
(d.) If any company to which the sub-section applies fails to comply with its provisions the company and every director, officer and agent of the company who is knowingly a party to the default shall be liable to a fiue not exceeding fifty dollars for each day during which the default cou- tinues.
Notices to
be given by companies.
(8.)-(2.) Upon the receipt of any such notice by the Transfer ou Registrar of the Register in which the documents and notice by records of the company in question are filet euch Regis company. trar sbull proceed to determine whether the company shall remain on such Register or shall be transferred from such Register to the Register at Shanghai or to the Register in Hong kong as the case may be,
مينا
— 3 —
(8) Before so determining it shall be lawful for such Registrar to call upon the company for such proof of the correctness of the notice as be may require.
(c) If upon such determination such Registrar is of opinion that the company ought to be transferred from his Register to the Register at Shanghai or to the Register in Hongkong as the case may be he shall order snel transfer and shall send all the locnments and records file in his office relating 10 such company to the Registrar of Com- panies at Shanghai or to the Registrar of Companies res- pectively and shall serve notice of the order on the com- pany, provide that he shall not without the consent of The company post or lespatch the documents and record relating thereto until after the expiration of one month from the service of the order on the company.
motion of
(4)-(a.) The Registrar of Companies may at any time Tafer o of his own motion, or on the request of the Registrar of Registrar. Companies at Shanghai, send to any company registered quiler the Companies Ordinances carrying on business in Hongkong a notice calling on such company to sbew to the satisfaction of the Registrar of Companies that it ought not to be musferred to the Register ni Shanghai, as boing a China Company, and such notice shali fix a dato by which such company shall submit its case in writ- ing to the Registrar of Companies.
(A) If the company fails to shew to the satisfaction of the Registrar of Companies that it ought not to be trans- ferred to the Register at Shanghai, the Registrar of Com- panies shall order such transfer and shall forthwith serve notice of the order on the company, provided that be shall not without the consent of the company send the documents and reconds to the Register at Shanghai until after the expiration of one month from the service of the onder on the company.
(c) The Registrar of Companies at Shanghai may at auy time of his own motion, or ou the request of the Re- gistrar of Companies, send to any company registero under the Companies Ordinances carrying on business within the limits of the China Orders-in-Council a notice calling on such company to shew to the satisfaction of the Registrar of Companies at Shanghai that it ought not to be transferred to the Register in Hongkong, as being Hongkong China Company, and such notice shall fix a date by which such company shall submit its cuse in writing to the Registrar of Companios at Shanghai.
(4.) If any such company fails to shew to the satisfac- tion of the Registrar of Companies at Shanghai that it onght not to be transferred to the Register in Hongkong, the Registrar of Companies at Shanghai shall order such transfer, and shall forthwith serve notice of the order on the company, provided that he shall not without the con- sent of the company send the documents and records relating thereto to the Register in Hongkong until after the expiration of one month from the service of the order on the company.
(5.)-(.) If the company concerned, or the Registrar Appeals. of Companies, or the Registrar of Companies at Shanghai, is dissatisfied with any such order of transfer or determina- tion aforesaid, it shall be lawful for it or him to appeal to the Court,
(6.) Such appeal shall be made by originating summons. (e.) Such originating summons shall be issued within one month after the service of the notice of such transfer or determination on the company concerned, provided that the Court shall have power to extend the time before or after the expiration of the said period of one month.
(d.) If any such appeal is not prosecuted with all due diligence it shall be lawful for the Court to dismiss it.
(e.) Upon such appeal the Court may make such order as may seem to it desirable,
(6.) The Registrar of Companies or the Registrar of Notices to be Companies at Shanghai shall register any such notice as registered. is referred to in this section given to him by a company.
४
321