Eti force- thent of duty of company to make
returns to registrar.
19 & 20 Geo 5, c. 23, a. 315,
Application
114
(3) A copy of or extract from any document kept and registered at the office for the registration .f companies, certified to be a true copy under the hand of the registrar (whose official position it shall not be necessary to prove), shall in all legal proceedings be admissible in evidence as of equal validity with the original document.
292.-(1) If a company, having made default in complying with any provision of this Ordinance which requires it to file with. deliver or send to the registrar of companies any return, account or other document, or to give notice to him of any matter, fails to make good the default within fourteen days after the service of a notice on the company requiring it to do so, the court may, on an application made to the court by any member or creditor of the company or by the registrar of companies, make an order directing the company and any officer thereof to make good the default within such time as may be specified in the order,
(2) Any such order may provide that all costs of and incidental to the application shall be borne by the company or by any officers of the company responsible for the default.
(3) Nothing in this section shall be taken to prejudice the operation of any enactment imposing penalties on a company or its officers in respect of any such default as aforesaid.
PART VIII.
APPLICATION OF ORDINANCE TO COMPANIES FORMED OR REGISTERED UNDER FORMER ORDINANCES.
293. In the application of this Ordinance to of Ordinance existing companies, it shall apply in the Barce
to companies manner-
formied
under
former Companies Ordinance. 19 & 20 Geo.
6, c. 23,
8. 316.
Ordinance No. 1 of 1865.
Ordinance No. 58 of 1911.
Application
(1) in the case of a limited company, other than a company limited by guarantee, as if the company had been formed and registered under this Ordinance as a company limited by shares;
(2) in the case of a company limited by guarantee. as if the company had been formed and registered under this Ordinance as a company limited by guarantee; and
(3) in the case of a company other than a limited company, as if the company had been formed and registered under this Ordinance as an unlimited company:
Provided that reference, express or implied, to the date of registration shall be construed as a reference to the date at which the company was registered under the Companies Ordinance, 1865, or the Com- panies Ordinance, 1911, as the case may be.
294. This Ordinance shall apply to every company
of Ordinance registered but not formed under the Companies Ordin-
to companies ance, 1865, or the Companies Ordinance, 1911, in the registered
same manner as it is in Part IX of this Ordinance declared to apply to companies registered but not formed under this Ordinance.
under
former
Companies Ordinance, 19 & 20 Geo.
5, c. 23, 8. 317,
Provided that reference, express or implied, to the date of registration shall be construed as a reference to the date at which the company was registered under the Companies Ordinance, 1865, or the Companies Ordinance, 1911, as the case may be.
115
295. This Ordinance shall apply to every unlimited Application company registered as a limited company in pursuance of Ordinance of section fifty-eight of the Companies Ordinance, to companies ro-registered 1911, in the same manner as it applies to an uu under limited company registered in pursuance of this former Ordinance as a limited company:
Companies Ordinance.
Provided that reference, express or implied, to the Ordinance date of registration shall be construed as a reference No. 58 of to the date at which the company was registered 19 & 20 Geo,
1911. as a 'mited company under the said section of the 5, c. 23, Companies Ordinance, 1911.
PART IX.
8 318.
COMPANIES NOT FORMED UNDER TUIS ORDINANCE AUTHORISED TO REGISTER UNDER THIS ORDINANCE,
298-(1) With the exceptions and subject to the Companies provisions contained in this section, any company capable of formed whether before or after the commencement
being registered.
of this Ordinance, in pursuance of any Ordinance 19 & 20 Geo. other than this Ordinance, or of letters patent, or 5, c. 23, being otherwise duly constituted according to law, s. 321. and consisting of seven or more members, may at
any
time register under this Ordinance as an unlimited company, or as a company limited by shares, or as a company limited by guarantee; and the registration shall not be invalid by reason that it has taken place with a view to the company being wound up:
Provided that-
(1) A company registered under the Companies Ordinance, 1865, or the Companies Ordinanco, 1911, shall not register in pursuance of this section:
(ii) A company having the liability of its mem- bers limited by Ordinance, Act of Parliament or letters patent, and not being a joint stock company as hereinafter defined, shall not register in pursuance of this section:
(iii) A company having the liability of its mem- bers limited by Ordinance, Act of Farliament or letters patent shall not register in pursu- ance of this section as an unlimited company or as a company limited by guarantee:
(iv) A company that is not a joint stock company as hereinafter defined shall not register in pursuance of this section as ย company limited by shares :
(v) A company shall not register in pursuance of this section without the assent of a majority of such of its members as are present in person or by proxy (in cases where proxies are allowed by the regulations of the com- pany) at a general meeting summoned for the purpose:
(vi) Where a company not having the liability of its members limited by Ordinance, Act of Parliament or letters patent is about to register as a limited company, the majority required to assent as aforesaid shall consist of not less than three-fourths of the members present in person or by proxy at the meeting:
(vii) Where a company is about to register as e company limited by guarantee, the assent to its being so registered shall be accompanie:1 by a resolution declaring that each member undertakes to contribute to the assets of the company, in the event of its being wound up while he is a member, or within one year after he ceases to be a member, for payment
155