Payment of
Second Schedule.
6
(a) the issued capital of the company is less than $5,000,000, or an equivalent amount in the case of a company incorporated outside
(b) the paid-up capital of the company, as determined under subsection (3), is less than $2,500,000, or an equivalent amount in any other
Currency:
(c) the objects of the company as stated in its memorandum or con-
stitution do not include a business of taking deposits;
(d) the name of the company, or the name under which the company is carrying on or inleads to carry on business in Hong Kong, contains-
( any word which by virtue of any Ordinance may not be contained in the name of any company; or
(10) any word which by virtue of any Ordinance may not with- out consent be contained in the name of any company, unless such coasent has been given;
(e) it appears to the Commissioner that, by reason of any circum- stances whatsoever, the company is not a fit and proper body to be registered.
(3) For the purposes of determining whether or not the paid-up capital of a company is less than that specified in subsection (2)(b)"there"shall be deducted any loss disclosed in the balance sheet lodged with the company's application.
(4) A company that is carrying on a business of taking deposits at the commencement of this Ordinance, or a company formed pursuant to section 7(2)(4), may be registered notwithstanding that the issued capital or paid-up capital of the company is less than that specified in subsection (2)(a) and (6) respectively, but the isaged capital and paid-up capital of the company shall not, subject to subsection (5), be less than that specified in subsection (2) on or after the expiration of 2 years from the date of commencement of this Ordinance.
(5) The Governor in Council may extend the 2 year period' specified in subsection (4) in the case of any particular registered deposit-taking Company.
(6) The registration of a company under subsection (1) as a deposit- taking company shall be effected by entering in the register the particulars upecified in section 12 and the Commissioner shall notify the company in writing of the registration and date of registration,
(7) Where the Commissioner refuses to register a company under sub- section (2), he shall notify the company in writing of the refusa).
11. (1) A registered deposit-taking company shall, within 14 days after the receipt of a notice of registration under section 1016, pay to the Accountant General the registration fer specified in the Second Schedule.
(2) Every registered deposit-taking company shall pay to the Account- ant General annually the renewal of registration fee specified in the Second Schedule-
(a) in the case of a company to which section 7 applies, within 14 days after the anniversary of the date of commencement of this Ordinance; and
(b) in the case of any other company, within 14 days after the auxi-
versary of the date of registration of such compatiy,
7
(3) Any fee not paid in accordance with subsection (1) or (2) may, without prejudice to the power to revoke the registration of the company contained in section 14(10), be recovered as a civil debt.
12. (1) The Commissioner shall maintain a register of deposit-taking Rodster of companies, in such form as he thinks fit, which shall contain→→→
(a) the name and business address of every much company which he
decides to register; and
(b) such other particulars of such companies as the Commissioner
thinks fit.
(2) The register shall be kept at the office of the Commissioner or at such other place as may be notified by the Commissioner in the Gazette.
(3) Any member of the public may, with offect from such date and during such hours as shall be notified by the Commissioner in the Gazette, on payment of the fee specified in the Second Schedule-
(a) inspect; or
(b) obtain a copy or extract of,
the register and any document lodged with the Commissioner under section 9 fother than any document or information referred to in paragraph (b) of subsection (2) of that section) and section 17.
(4) A document purporting to be a copy of say extract from or entry in the register, or of any document lodged with the Commissioner by a company under this Ordinance, and purporting to be certified by the Côm- missioner shall be admitted in evidence in criminal or civil proceedings before any court on Els production without further proof, and-
(p) until the contrary is proved, the court before which such documetti
j4 produced shall presume
(i) that the document is certified by the Commissioner; and
(in) that the document is a true copy of the extract from or entry
in the register, or of the document lodged with the Commissioner,
to which it refers; and
(b) such document shall be prima focle evidence of all matters con-
tained thereía,
COMPASS.
Second Schedule.
13. (1) Subject to subsection (2), the Commissioner shall cause to be Publication ol published in the Gazetre, at such times and in such manner as he thinks fit, names of
deposit- the names of all companies registered as deposit-taking companies under This Ordinance.
(2) The publication required by subsection (1) shall be made at least once each year.
(3) Where the name of a deposit-taking company is entered in the register, the Commissioner shall püblish in the Gözetie a notice of such
mpanies.
neumwaga.
14. (1) Subject to subsection (3) and section 15, the Commissioner Revocaulon of may revoke the registration of a deposit-taking company if—
(a) the company-
(i) has ceased to carry on a business of taking deposite; or (ii) proposes to make, or has made, a composition or an arrange- ment with its creditors or is being wound up:
(b) the issued capital or the paid-up capital of the company is, subject La section 10(4), less than that specified in section 10(2)(a) and (b) respectively;