1970-HKRS28-8-37_Part04 — Page 16

Incorporation.

Third Schedule.

Undesirable

dames.

11 & 12 Geo. 6,

*. 34, 1, 17,

Change of

Te.

11 12 Geo. 6. £36 11.

8. (1) The Land Officer shall, if satisfied that the provi- sions of section 3 or 4 and subsections (2) and (3) of section 7 have been complied with, issue a certificate of registration in the prescribed form.

(2) With effect from the date of issue of the certificate of registration under subsection (1)

(a) the owners for the time being shall be a body corporate with perpetual succession and shall in the name of the corporation specified in the certificate of registration be capable of suing and being sued and, subject to this Ordinance, of doing and suffering all such other acts and things as bodies corporate may lawfully do and suffer; and

(6) the management committee appointed under section 3 or 4 shall be deemed to be the first management com- mittee of the corporation.

(3) A corporation shall have a common seal, the affixing of which shall be authenticated by the signature of the chairman and secretary of the management committee.

(4) A corporation shall bave a registered office in the Colony.

(5) The Third Schedule shall have effect with respect to the meetings and procedure of a corporation.

9.

No corporation shall be registered by a name which, in the opinion of the Land Officer, is undesirable.

10. (1) A corporation may, by resolution of not less than seventy-five per cent of the votes of the owners voting either personally or by proxy, change its name.

(2) If at any time a corporation is registered by a name which, in the opinion of the Land Officer, is so similar to the name by which another corporation is registered as to be likely to mislead, the Land Officer may direct that the first mentioned cor- poration shall change its name within a period of six weeks from the date of the direction or such longer period as the Land Officer may allow.

(3) A corporation which makes default in complying with a direction under subsection (2) shall be guilty of an offence and shall be liable on conviction to a fine of fifty dollars for each day during which the default continues.

(4) When a corporation changes its name under this section. the Land Officer shall enter the new name on the register main-

tained by him under section 12 in place of the former name, and shall issue an amended certificate of registration.

(5) A change of name of a corporation under this section shall not affect any rights or obligations of the corporation or render defective any legal proceedings by or against the corpora- tion, and any legal proceedings which might have been continued or commenced against it by its former name may be continued or commenced against it by its new name.

11. (1) A management committee shall cause to be prom- inently displayed-

(a) a copy of the certificate or amended certificate of regis- tration issued under subsection (1) of section 8 or sub- section (4) of section 10 and a notice stating the address of the registered office of the corporation—

(i) at each entrance to the building to the owners of which such certificate relates; and

(1) on the outside of the door of the registered office of the corporation; and

(b) a notice bearing the words "Registered Office of on the outside of the door

(name of corporation!

10

of the registered office of the corporation. (2) A corporation which exhibits or uses any name of or for the corporation in Chinese characters, whether or not such name is a transliteration or translation of its name in its certifi- cate or amended certificate of registration issued under subsection (1) of section 8 or subsection (4) of section 10, shall append to such name so used in Chinese characters the Chinese characters **業主立案法糰

(3) In the event of a contravention of this section, every member of the management committee shall be guilty of an offence and shall be liable on conviction to a fine of fifty dollars unless he proves that the offence was committed without his con- sent or copnivance and that he exercised all such due diligence to prevent the commission of the offence as he ought to have cker- cised having regard to the nature of his functions in that capacity and to all the circumstances.

12. (1) The Land Officer shall maintain a register of cor- porations.

Display of copy certificate of" registration, etc.

Land Officer

to maintain register of

(2) The Land Officer shall enter in the register the following corporations. particulars of each corporation—

(4) the name of the corporation;

(b) the name (if any) and address of the building: