328
329
for "list"
for "five pounds"
added.
de.
do.
do.
Power of court to declare dissolution
of company void.
19 & 20 Geo.
5, c. 23, s. 294.
Registrar may strike defunct
company off 19 & 20 Geo. 5, c. 23, 5. 295,
register.
110
ΟΙ vico-
(2) All courts, judges, justices, commissioners, and persons acting judicially shall take judicial notice of the seal or stamp or signature, as the case may be, of any such court. judge, person, consul, consul attached, appended, or subscribed such affidavit, or to any other document to be used for the purposes of this Part of this Ordinance.
Provisions as to Dissolution.
to any
276.—(1) Where a company has been dissolved, the court may at any time within two years of the date of the dissolution, on an application being made for the purpose by the liquidator of the company or by any other person who appears to the court to be interested, make an order, upon such terms as the court thinks fit, declaring the dissolution to have been void, and thereupon such proceedings may be taken as might have been taken if the company had not been dissolved.
(2) 1t shall be the duty of the person on whose application the order was made, within seven days after the making of the order, or such further time as the court may allow, to deliver to the registrar of companies for registration an office copy of the order, and if that person fails so to do he shall be liable to a fine not exceeding fifty dollars for every day during which the default continues.
277(1) Where the registrar of companies has reasonable cause to believe that a company is not carrying on business or in operation, he may send to the company by post a letter inquiring whether the company is carrying on business or in operation.
(2) If the registrar does not within one month of sending the letter receive any answer thereto, he shall within fourteen days after the expiration of the month send to the company by post a registered letter referring to the first letter, and stating that no answer thereto has been received. and that if an answer is not received to the second letter within one month from the date thereof, a notice will he published in the Gazette (and, in the case of a China company, also in such other paper as the registrar of companies at Shanghai may select) with a view to striking the name of the company off the register.
(2) If the registrar either receives an the effect that the company is not carrying on busi- ness or in operation, or does not within one month after sending the second letter receive any answer, he may publish in the (lazette (and, in the case of a China company also in such other paper as aforesaid) and send to the company by post, a notice that at the expiration of three months from the date of that notice the name of the company mentioned therein will, unless cause is shown to the contrary, be struck off the register and the company will be dissolved.
answer
to
(4) If, in any case where a company is being wound up, the registrar has reasonable cause to believe either that no liquidator is acting, or that the affairs of the company are fully wound up, and the returns required to be made by the liquidator have not been made for a period of six consecutive months, the registrar shall publish in the Gazette (and, in the case of a China company, also in such other paper as afore- said) and send to the company or the liquidator, if any, a like notice as is provided in the last preceding subsection.
(5) At the expiration of the time mentioned in the notice the registrar may, unless cause to the contrary is, previously shown by the company, strike its name off the register, and shall publish notice thereof in the Gazette (and, in the case of a China company, also in auch other paper as aforesaid) and on the publication in the Gazette of this notice the company shall be dissolved:
for the Brand"
Provided that-
(a) the liability, if any, of every director, manag- ing officer, and member of the company shall continue and may be enforced as if the company had not been dissolved; and
(b) nothing in this subsection shall affect the power of the court to wind up a company the name of which has been struck off the register.
If a company or any member or creditor thereof feels aggrieved by the company having been struck off the register, the court on an application made by the company or member or
creditor before the expiration of twenty years from the publication in the Gazette of the notice aforesaid may, if satisfied that the company was at the time of the striking off carrying on business or in operation, or otherwise that it is just that the company be restored to the register, order the name of the
company to be restored to the register, and upon an office copy of the order being delivered to the registrar for regis. tration the company shall be deemed to have cou tinued in existence as if its name had not been struck off; and the court may by the order give such directions and make such provisions as seem just for placing the company and all other persons in the same position as nearly as may be as if the name
of the company had not been struck off.
(7) A notice to be sent under this section to liquidator may be addressed to the liquidator at his last known place of business, and a letter or notice to be sent under this section to a company may be addressed to the company at its registered office, or,
if no office has been registered, to the care of
20 dirtelor some director or officer of the company whose fame and address are known to the registrar of companies, may be sent to each of the persons who subscribed the memorandum, addressed to him at the address mentioned in the memorandum.
to be bond
278. Where a company is dissolved, all property Property of and rights whatsoever vested in or held on trust for dissolved the company immediately before its dissolution (in company cluding leasehold property but not including property vacantia, held by the company on trust for any other person) 19 & 20 Geo. shall, subject and without prejudice to any order 5, c. 23, which may at any time be made by the court under s. 296. the two last foregoing sections of this Ordinance, be deemed to be bona vacantia and shall recordingly belong to the Crown, and shall vest and may be dealt with in the same manner as other bona vacantia accruing to the Crown.A
Central Accounts.
for Act reference to Lancaster and Cornwall omitted.
do.
<Sections relating to Stannances
omitted
279.-(1) An account, to be called the Companies Companies Liquidation Account, shall be kept by the official Liquidation for "Bount of Trade with
Account. receiver with the Colonial Treasurer or at such bank 19 & 20 Geo.
as the Governor (or, in the case of a China company, 5, c. 23,
As the judge of the Supreme Court for Chine) may s 300. from time to time direct, and all moneys received by the official receiver in respect of proceedings under this Ordinance in connexion with the winding up of companies, shall be paid to that account.
(2) All payments out of money standing to the credit of the official receiver in the Companies Liquidation Account shall be made in the prescribed
manner.
Bank of England
for "Board" for
"Cat"
for "in England" for "Board of Trade" "by the Bank of England"
280-(1) Whenever the cash balance standing to Investmont the credit of the Companies Liquidation Account is in of surplus excess of the amount which in the opinion of the funds on
general official receiver is required for the time being to
account. answer demands in respect of companies' estates, 19 & 20 Geo. he shall notify the excess to the Treasurer, and sha!| 5. c. 23 pay over the whole or any part of that excess, as s. 301. the Treasurer may require, to the Treasurer, to such
omitted.
for Board of Trade" for "Treasury"
do.
do.