Itegistrar to
AID resolu- tion nod issne corkillenta,
Effect of
Jague of
certificate
Ordinance
No. 98 of 1932.
Compliance
obligatory ofter notification by blue Governor.
Application of Part II.
2
5. The resolution referred to in section 4 shall be filed with the Registrar of Companies who, when satisfied 'that the registered or head office has been re-established in the Colony and that the company is maintaining there its register of members, charges and of directors or managers, still isone a certificate that the company has complied with the require ments of this part of this Ordinance and such certificate shall be conclusive evidence thereof.
6. From and after the issue of the certificate referred to in section 5-
(a) the provisions of the Companies Ordigster, 1998, shall apply to any company registered under it in the same manner as if the com- pany's registered or head office had not been established outside the Colony but without prejudice to the validity of any act or thing done by the company during such time as its registered or head office was established else- where pursuant to the modifications of the Companies Ordinance, 1932, set out in the Schedule to the Defence (Companies Tempor- ary Transfer of Registered or Head Office) Regulations, 1941;
(b) the provisions of any other Ordinance relating to any other company shall apply to sucli company but without such modifications (it any) as the Governor may have directed pur- suant to the provisions of Regolation 6 (8) of the Defence (Companies Temporary Transfer of Registered or Head Office) Regulations, 1941, but without prejudice to the validity of any act or thing done pursuant to such modi- Bcations whilst the company's registered or head office was established elsewhere.
7. It shall be competent for the Governor at any time to specify by notification in the Gazetto a date within six months of which every company coming within this part of this Ordinance shall, unless exempted from compliance by the Governor, comply with the provisions of this part of this Ordinance and any company which is required to comply with the provisions of this part of this Ordinance by virtue of such notification and the provisions of this section and which fails so to comply shall cease to exist as a company at the end of the aforesaid period of six months and shall thereupon be deemed to have been dissolved.
PART IL
8. This part of this Ordinance shall apply to any company registered under the principal Ordinance which, prior to the 25th December, 1941, had à registered office in the Colony or was prior to such date incorporated under any other Ordinance of the Colony and which in either case, BR. A. pursuant to the provisions of the Defence (Companies) Regulations, 1940, of the United Kingdom or pursuant to any laws or regulations in force in any other territory within the dominions of His Majesty, became after the 25th Decen- ber, 1941. registered as a company either in the United Kingdom or some other territory as aforesaid under the law
1940 No.
1218.
3 -
or regulations for the time being in force in such place relating to companies and which has not been wound-up of
is not in the process of being wound-up.
Đ. (1) The Governor on being salisfed-
(a) that a resolution of the Board of Directors has been passed authorising the re-regis- tration of any company to which this Fart of this Ordinance applies as a Company under the principal Ordinance or its re- establishment as a Company incorporated under any other Ordinance of the Colony, and either
(b) that provision has been made or will be made whereby upon re-registration of the company as a company under the principal Ordinance or upon re-establishment of E company incorporated under any other Ordinance of the Colony that the company will cease to be registered under the laws or regulations relating to companies having effect in any other part of the dominions of His Majesty, or
(e) that the company has been served with a notice by the appropriate authority in such other part of the dominions of His Majesty that such company shall cease to be so registered at the expiration of such period da is specified in such natice,
may by order direct that the company shall be re-registered as a company under the principal Ordinance or in the case of a company incorporated under any Ordinance of the Colony other than the principal Ordinance order that the company be re-established as a company incorporated under such Ordinance.
(2) In any case coming under paragraph (b) of sub- section (1) of this section such order of the Governor shall in the case of provision already having been made for the com- pany to cease to be registered elsewhere in the dominions of His Majesty upon re-registration or re-establishment in Hong Kong, take effect as from the data upon which such order of the Governor is made and in any case in which no such provision has been made at the date of the order such order shall take effect as from the making of the requisite provisión. elsewhere in the dominions of His Majesty,
(3) In any case coming under paragraph (c) of sub- section (1) of this section, such order shall take effect from the date upon which the said company ceases to be registered in such other part of the dominions of His Majesty unless in the meantime such notice shall have been rescinded or withdrawn and provision made tu manner mentioned in paragraph (b) of sub-section (1) of this section in which case the arder of the Governor shall take effect in manner provided for in sub-section (2) of this section.
(4) Except in so far as any order made by the Governor pursuant to the provisions of this section specifies to the
Не-тен- tration of a Hong Kong Company.
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