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registered in the register of members as the proprie- tor of the shares in respect of which such certificate was granted but the person to whom a new certificate was granted shall in such event be liable in damages to the person claiming under the cancelled share certificate for the value of the shares as at the time of their transfer to a bona fide purchaser for value without notice.
(10) All expenses relating to the issue of a new certifi- oate and the cancellation of a previous certificate under this section shall be borne by the applicant and it shall be lawful for the company notwithstanding the mandatory provisions of this section to refuse to comply therewith until provision for the payment of such expenses has been made to its satisfaction.
15. Where any memorandum register or other returu or document (other than a share certificate) of or relating to any company has been lost or mislaid and another has been substituted pursuant to the provisions of this Ordinance and auch memorandum rogister or other return or document is subsequently found, the company shall forthwith report such finding to the registrar and cause a copy thereof verified or certified as required by this Ordinance to be filed within twenty-eight days for the purposes of record. In the case of such document being the memorandum or articles of associa- tion the company shall within three months of such document having been found by special resolution resolve either to retain the substituted document or to adopt the document which has been found but save as aforesaid the finding or filing of such document shall not affect the validity of any substitution authorised by this Ordinance.
16. (1) If the directors of a company have laid or shall lay before the company in general meeting the accounts and balance sheets required by section 122 of the principal Ordinance at the first general meeting of the company held since the 15th of August, 1945, then so far as concerns any account that should have been laid before the company in general meeting in the years subsequent to 1940 preceding the holding of such general meeting, no default shall be deemed to have occurred by reason of such accounts not having been laid before the company at the times prescribed by section 122 of the principal Ordinance.
(2) Notwithstanding the provisions of section 132 of the principal Ordinance or of the articles of association or regula. tions affecting any company the accounts referred to in the preceding sub-section may, with the approval of the company in general meeting, which may be given at the general meeting before which such accounts are laid, be either one account for the whole period since the last account prior to the 25th of December, 1941, or if no such account has been rendered then since the incorporation of the company, or may be accounts made up for periods which together correspond to such aforementioned period and balance sheets may be made up accordingly,
(3) The approval of the company in general meeting shall be deemed to have been given if accounts, which could have been laid before the company in general meeting under the provisions of this section had it then been in force, bave been passed by the company in general meeting.
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(4) Nothing in this section shall be construed to se to deprive any creditor or shareholder or any other person of any rights to which he would have been entitled had this section not been enacted, not being merely a right to accounts and balance sheets in accordance with section 122 of the principal Ordinance or in accordance with the articles of association or regulations affecting the company, and if it be necessary in order to give effect to such rights that the accounts or balance sheets of the company for the period affected or for any part thereof be made up in some other way other than that approved by the company under this section, then nothing in this section shall authorise a refusal to make out and furnish such accounts and balance sheets,
(6) If it is made to appear to a judge in chambers that in order that it may be determined whether a creditor or share- holder or other person has any such right as is mentioned in sub-section (4) it is necessary that accounts and balance sheets be prepared in the manner directed by section 122 of the principal Ordinance or in the manner directed by the articles of association and if in all the circumstances of the case (in- cluding acquiescence on the part of the applicant, lapse of time and the possibility of furnishing the accounts) it appears to him that it is just and equitable so to do he may, notwith- standing any approval given by the company in general meeting under sub-section (2) of this section, order that accounts and balance sheets be prepared accordingly.
(0) Any application under sub-section (5) shall be made by summons supported by affidavit and shall be served on the company and such other parties as the judge may direct.
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17. (1) Every company other than a company which Exemptio has been granted leave to re-construct its register shall make a return in the form of an annual return as on the day of the first ordinary general meeting of the company held after the 1st of September, 1945, and shall forward the same to the registrar of companies on or before the 31st of December. 1947, or on or before such later date as the registrar may in the case of any particular company specify.
(2) A company which complies with the provisions of the preceding section or which files a return in accordance with section 18 of this Ordinance shall not be deemed to bave been in default for failing to have filed an annual return in respect of any of the calendar years 1942, 1943, 1944, 1945, 1946 oe 1947.
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18. (1) Where a company has been granted leave Apost to re-construct its register it aball file a return in the form of an annual return in respect of the period from the 1st of December, 1941, to three months after such re-constructed register has been substituted for its original register or to the 30th of June, 1948, whichever shall be the later date.
(2) Any such company shall in place of an annual return in the years 1947 and 1948 file such particulars and documents as in the opinion of the registrar it reasonably can.
19. Any return required by the provisions of this Ordinance to be filed in the form of an annual return shall be, in the case of a private company, accompanied by the certi- ficates required by section 119 of the principal Ordinance.
mambara incomplete.
I'rivate reinpanies. to provide cartificate Kinder sec. tion 110 of the principal Ordinance.
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Private notes are available after approval.