CO885-(25-26) — Page 320

309

96

SECOND SCHEDULE.

Declaration by an Individual Buyer.

of

do solemnly and sincerely declare as follows :-

I am a

at

subject and reside and carry on business and I am not an enemy or enemy subject as those terms are respectively defined in the Enemy Property (Disposal) Ordinance 1916.

I further solemnly and sincerely declare that there is no arrangement under which I am to hold the property which I am purchasing from the Receiver or any right title or interest therein for or on behalf or in trust for or for the benefit of or so that it shall in any way come under the control of any enemy or enemy subject or corporation under enemy control as these terms are respectively defined in the Enemy Property (Disposal) Ordinance 1916 either alone or jointly with another or others.

And I make this solemn declaration conscientiously believing the same to be true and by virtue of the provisions of the Statutory Declarations Act 1835.*

Declared at

this

day of

191

Before me

Declaration on behalf of a Corporation.

97

by the Board of Trade, to exclude the possibility of the company falling under foreign control. Generally speaking, it will be necessary to prevent more than -one-fourth of the shares or the voting rights being held by, or subject to the control -of, foreigners.

3. In the case of a company already in existence, if the Articles of Association do not already so provide, they must be altered in a manner satisfactory to the Board of Trade so as to exclude the possibility of falling under foreign control, and the Directors must furnish an undertaking to use their best endeavours to have the provisions referred to above inserted in the Memorandum of Association if legis- lation should be passed enabling the Memorandum of Association to be altered by the insertion of such provisions.

4. Should the Board of Trade for any reason not approve of the purchaser, the contract may be rescinded by the Controller and the deposit will be returned without interest or expenses.

Enclosure 2A in No. 75.

TRADING WITH THE ENEMY AMENDMENT ACT, 1916.

Form of Statutory Declaration on Sale of Business.

THAT the purchaser is a British subject and free from any foreign influence; that the purchase is made, and the business will be conducted, wholly on his own account and for his own benefit and with no reservation of enemy or other interest.

56056

*Here insert

the cloe of the

parón making

I

thet

of

oft

aration (hereinafter called "the corporation") the buyer of§

(Secretary or otherwise).

being duly authorized by the corporation to make this declaration do solemnly

1 Insert the and sincerely declare as follows:-

Base of the

corporation

$Insert

description of the property purobased

The corporation is not an enemy or enemy subject or a corporation under enemy control as these terms are respectively defined in the Enemy Property (Dis. posal) Ordinance 1916 and to the beat of my knowledge there is no arrangement under which the corporation is to hold the said property or any right title or interest therein for or on behalf of or in trust for or for the benefit of or so that it shall in any way come under the control of any enemy or enemy subject or corporation under enemy control as these terms are respectively defined in the aforesaid Ordinance either alone or jointly with another or others.

And I make this solemn declaration conscientiously believing the same to be true and by virtue of the provisions of the Statutory Declarations Act 1835.*

No. 76.

CEYLON.

THE SECRETARY OF STATE to THE GOVERNOR.

(Sent 1.20 p.m., 3rd January, 1917.)

TELEGRAM.

Your telegram 22nd November,* your telegram 26th October,f liquidations. You should await my despatch 20th December, Circular 2,‡ as to conditions of sale. Your despatch 16th September, No. 581,§ property of enemy planters. Do you consider reasonable prices can be obtained? If so you may use your discretion as to sale.

Your telegram 11th October, private estates of partners, use your own discretion.

Despatch¶ follows by mail.-LONG.

Declared at

this

day of

191

Before me

56055

No. 77.

CEYLON.

Enclosure 2 in No. 75.

TRADING WITH THE ENEMY ACT, 1916.

Special Conditions.

1. THE purchaser must be a British subject, and not under any foreign influence, and will be required to satisfy the Controller that no person of enemy or foreign origin is directly or indirectly interested with him in the purchase, and he must make such statutory declaration as may be required by the Board of Trade in the case of a sale pursuant to the Trading with the Enemy Amendment Act, 1916. 2. In the case of a company formed for the purpose of acquiring the busi- ness its Memorandum of Association must contain special provisions, to be approved *If the declaration is not made in the United Kingdom substitute the law walan authorizes a declaration.

(No. 17.) SIR,

THE SECRETARY OF STATE to THE GOVERNOR.

Downing Street, 8th January, 1917. WITH reference to your telegram of the 22nd November,* regarding the liquidation of enemy firms in Ceylon, I have the honour to express my regret at the lapse of time which occurred before I was able to address you on the subject of the conditions of sale of the permanent assets of such firms. The delay was due to the desirability of securing uniformity of action among the numerous Colonies concerned in this important and complex matter.

2. You will now have received my Circular despatch No. (2), of the zuth December, referred to in my telegram of the 3rd January,** in which I have set forth the conclusions which I have reached on the subject.

* 56055; reminder.

+ 51282.

* No. 75.

§ No. 70.

No. 69.

1 No. 77.

** No. 76.

1

PUBLIC RECORD OFFICE

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