76
of
Paragraph
Regulations.
Articles of Existing Deed of Settlement.
AUDIT. (Continued).
147 (1)
148
10
Remarks.
Taken from Sec. 112 of the Com- panies Act, 1908 with an addition to 147 (1) which is taken from Article 169.
Taken from Sec. 113 of the Com-
panies Act, 1908.
of
Paragraph
Regulations.
162
Articles of Existing Deed of Settlement.
11
Remarks.
Arbitration.
Article 184 in different language so as to bring in the arbitration clauses of the Hongkong Code of Civil Percedure.
149
Desired by Bank.
150
do.
Dissolution.
163-166 Articles 205-208.
Jurisdiction.
151
Article 170, with the addition of words required by Bank for re- moval of Auditor by the Board, subject to approval of the Gov-
167
ernor.
Authentication of Document or Proceeding.
152
Required by Bank.
168
Desired by Bank.
Yearly Statements.
153
Article 174.
Copy of Ordinance and Regulations.
154
Article 175.
169
Usual Precedent.
Notice.
Appendix 1.
155
The Bank prefers, for convenience
of proof, to make advertisement a sufficient test of notice.
See note to Regs. 25-27.
Form in use.
Appendix 2.
Usual practice.
(See note below.)
do.
156
157
158
159
160
161
Desired by Bank.
do.
Appendix 3.
do.
Shareholders not entitled to certain Information.
Indemnity Individual
Responsibility.
Usual Precedent.
Clause required by Bank to prevent shareholder competitors from ac- quiring certain confidential in- formation.
Follows precedent.
In regard to Appendix 2 it may be pointed out that Reg. 53 substitutes a transfer
in writing for the present form of transfer by Deed. The reason for making the change is that "a deed executed in blank is inoperative as a legal transfer" (See Palmer page 669, citing Hibblethwite V M'Morine 6 M and W 200, and Powell V London and Provincial Bank 1893, 2 Ch. 555.)
77