1974-HKRS28-16-22_Part06 — Page 16

Amendment

of heading before section 360.

Amendment of section 360.

Amendment of First Schedule.

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date in the same manner as if the offence had been committed under the said corresponding provisions.".

17. The heading before section 360 of the principal Ordinance is amended by inserting after "Fees" the following-

"and of Requirements as to Accounts".

16. Section 360 of the principal Ordinance is amended by inserting after subsection (2) the following new subsection-

"(2A) The Governor in Council may by order published in the Gazette amend the Tenth and Eleventh Schedules.”.

19. The First Schedule to the principal Ordinance is amended-

(o) in Table A-

(i) in article 38, by deleting "and any capital redemp- tion reserve fund" and substituting the following-

any capital redemption reserve fund or any share premium account":

(ii) in article 44, by deleting "ordinary report" and substituting the following-

"reports":

(iii) in article 97, by inserting at the end the follow- ing-

"Proper books shall not be deemed to be kept it there are not kept auch books of account as are necKS- sary to give a true and fair view of the state of the company's affairs and to explain its transactions.": (iv) by deleting articles 100 and 101 and substituting the following new articles-

*100. The directors shall from time to time. In accordance with sections 122, 124 and 129D of the Ordinance, cause to be prepared and to be laid before the company in general meeting such profit and kiss adcounts, balance sheets, group accounts (if any) and reports as are referred to in those sections.

101. A copy of every balance sheet (including every document required by law to be annexed therefo) which is to be laid before the company in general meet- ing, together with a copy of the directors' report and s copy of the auditors' report, shall not less than fourteen days before the date of the mecling be sent to every member of, and every bolder of debentures of, the com.

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pany and to all persons other than members or holders of debentures of the company, being persons entitled to receive notices of general meetings of the company:

Provided thad this regulation shall not require a copy of those documents to be sent to any person of whose address the company is not aware or to more than one of the joint holders of any sharea debentures":

(v) in article 107–

(by deleting "and also to";

叶

(ii) by inserting after “notice of the meeting" the following-

*, and (c) the auditors for the time being of the company"; and

(b) in Table C-

() in article 10, by deleting "ordinary report" and substituting the following--

"reports";

(ii) in article 51, by inserting at the end the follow- ing-

"Proper books shall not be deemed to be kept if there are not kept such books of account as are neces- sary to give a true and faïc view of the state of the company's affairs and to explain its transactions.”; (if) by deleting articles 54 and 55 and substituting the following new articles-

"54. The directors shall from time to time in accord- ance with sections 122, 124 and 129D of the Ordinance, cause to be prepared and to be laid before the company in general meeting such profit and loss accounts, balance sheets, group accounts (if any) and reports as are referred to in those sections.

55. A copy of every balance sheet (including every document required by law to be annexed thereto) which is to be laid before the company in general meeting. together with a copy of the directors' report and a copy of the auditors' report, shall not less than fourteen days before the date of the meeting be sent to every member of, and every holder of debentures of, the company!

Provided that this article shall not require a copy of those documents to be sent to any person of whose address the company is not aware or to more than one of the joint holders of any debentures.":