CO129-175 - Sir Kennedy - 1876 [9-12] — Page 253

CO129 Colonial Office Hong Kong Records 理藩院香港檔案 All AI Reviewed

XXVII. A share warrant shall entitle the bearer of such warrant to the shares of stock specified in it, and such shares or stock warrant may be transferred by the delivery of the share warrant.

(Bec. 28).

XXVIII. The bearer of a share warrant shall, subject to the regulations of the company, be entitled, on surrendering such warrant for cancellation, to have his name entered as a member in the register of members, and the company shall be responsible for any loss incurred by any person by reason of the company entering in its register of members the name of any bearer of a share warrant in respect of the shares or stock specified therein without the share warrant being surrendered and cancelled.

(s. 20).

XXIX. The bearer of a share warrant may, if the regulations of the company so provide, be deemed to be a member of the company within the meaning of the principal Ordinance, either to the full extent or for such purposes as may be prescribed by the regulations:

Provided that the bearer of a share warrant shall not be qualified in respect of the shares or stock specified in such warrant for being a director or manager of the company in cases where such qualification is prescribed by the regulations of the company.

(sec. vi).

XXX. On the issue of a share warrant in respect of any share or stock, the company shall strike out of its register of members the name of the member then entered therein as holding such share or stock as if he had ceased to be a member, and shall enter in the register the following particulars:

(1) The fact of the issue of the warrant.

(2) A statement of the shares or stock included in the warrant, distinguishing each share by its number.

(3) The date of the issue of the warrant.

And until the warrant is surrendered, the above particulars shall be deemed to be the particulars which are required by the twenty-fourth section of the principal Ordinance to be entered in the register of members of a company; and on the surrender of a warrant, the date of such surrender shall be entered as if it were the date at which a person ceased to be a member.

(sec. 31).

XXXI. After the issue by the company of a share warrant, the annual summary required by the twenty-fifth section of the principal Ordinance shall contain the following particulars: the total amount of shares or stock for which share warrants are outstanding at the date of the summary, and the total amount of share warrants which have been issued and surrendered respectively since the last summary was made, and the number of shares or amount of stock comprised in each warrant.

(rec, 39).

XXXII. There shall be charged on every share warrant a stamp duty of an amount equal to three times the amount of the ad valorem stamp duty which would be chargeable on a deed transferring the share or shares or stock specified in the warrant, if the consideration for the transfer were the nominal value of such share or shares or stock.

(sec. 93).

XXXIII. Whosoever forges or alters, or offers, utters, disposes of, or puts off, knowing the same to be forged or altered, any share warrant or coupon, or any document purporting to be a share warrant or coupon, issued in pursuance of this Ordinance, or demands or endeavours to obtain or receive any share or interest of or in any company under the principal Ordinance, or to receive any dividend or money payable in respect thereof, by virtue of any such forged or altered share warrant, coupon, or document, purporting as aforesaid, knowing the same to be forged or altered, with intent in any of the cases aforesaid to defraud, shall be guilty of felony, and being convicted thereof shall be liable, at the discretion of the court, to be kept in penal servitude for life or for any term not less than three years, or to be imprisoned for any term not exceeding two years, with or without hard labour, and with or without solitary confinement.

(sec. 94).

XXXIV. Whosoever falsely and deceitfully personates any owner of any share or interest of or in any company, or of any share warrant or coupon issued in pursuance of this Ordinance, and thereby obtains or endeavours to obtain any such share or interest, or share warrant or coupon, or receives or endeavours to receive any money due to any such owner, as if such offender were the true and lawful owner, shall be guilty of felony, and being convicted thereof shall be liable, at the discretion of the court, to be kept in penal servitude for life or for any term not less than three years, or to be imprisoned for any term not exceeding two years, with or without hard labour, and with or without solitary confinement.

(sec. 35).

XXXV. Whosoever, without lawful authority or excuse, the proof whereof shall be on the party accused, engraves or makes upon any plate, wood, stone, or other material, any share warrant or coupon purporting to be a share warrant or coupon issued or made by any particular company under and in pursuance of this Ordinance, or to be a blank share warrant or coupon issued or made by any company, shall be guilty of an offence.

(sec. 96).

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XXVII. A share warrant shall entitle the bearer of such warrant to the shares of stock specified in it, and such shares or stock warrant may be transferred by the delivery of the share warrant. (Bec. 28). XXVIII. The bearer of a share warrant shall, subject to the regulations of the company, be entitled, on surrendering such warrant for cancellation, to have his name entered as a member in the register of members, and the company shall be responsible for any loss incurred by any person by reason of the company entering in its register of members the name of any bearer of a share warrant in respect of the shares or stock specified therein without the share warrant being surrendered and cancelled. (s. 20). XXIX. The bearer of a share warrant may, if the regulations of the company so provide, be deemed to be a member of the company within the meaning of the principal Ordinance, either to the full extent or for such purposes as may be prescribed by the regulations: Provided that the bearer of a share warrant shall not be qualified in respect of the shares or stock specified in such warrant for being a director or manager of the company in cases where such qualification is prescribed by the regulations of the company. (sec. vi). XXX. On the issue of a share warrant in respect of any share or stock, the company shall strike out of its register of members the name of the member then entered therein as holding such share or stock as if he had ceased to be a member, and shall enter in the register the following particulars: (1) The fact of the issue of the warrant. (2) A statement of the shares or stock included in the warrant, distinguishing each share by its number. (3) The date of the issue of the warrant. And until the warrant is surrendered, the above particulars shall be deemed to be the particulars which are required by the twenty-fourth section of the principal Ordinance to be entered in the register of members of a company; and on the surrender of a warrant, the date of such surrender shall be entered as if it were the date at which a person ceased to be a member. (sec. 31). XXXI. After the issue by the company of a share warrant, the annual summary required by the twenty-fifth section of the principal Ordinance shall contain the following particulars: the total amount of shares or stock for which share warrants are outstanding at the date of the summary, and the total amount of share warrants which have been issued and surrendered respectively since the last summary was made, and the number of shares or amount of stock comprised in each warrant. (rec, 39). XXXII. There shall be charged on every share warrant a stamp duty of an amount equal to three times the amount of the ad valorem stamp duty which would be chargeable on a deed transferring the share or shares or stock specified in the warrant, if the consideration for the transfer were the nominal value of such share or shares or stock. (sec. 93). XXXIII. Whosoever forges or alters, or offers, utters, disposes of, or puts off, knowing the same to be forged or altered, any share warrant or coupon, or any document purporting to be a share warrant or coupon, issued in pursuance of this Ordinance, or demands or endeavours to obtain or receive any share or interest of or in any company under the principal Ordinance, or to receive any dividend or money payable in respect thereof, by virtue of any such forged or altered share warrant, coupon, or document, purporting as aforesaid, knowing the same to be forged or altered, with intent in any of the cases aforesaid to defraud, shall be guilty of felony, and being convicted thereof shall be liable, at the discretion of the court, to be kept in penal servitude for life or for any term not less than three years, or to be imprisoned for any term not exceeding two years, with or without hard labour, and with or without solitary confinement. (sec. 94). XXXIV. Whosoever falsely and deceitfully personates any owner of any share or interest of or in any company, or of any share warrant or coupon issued in pursuance of this Ordinance, and thereby obtains or endeavours to obtain any such share or interest, or share warrant or coupon, or receives or endeavours to receive any money due to any such owner, as if such offender were the true and lawful owner, shall be guilty of felony, and being convicted thereof shall be liable, at the discretion of the court, to be kept in penal servitude for life or for any term not less than three years, or to be imprisoned for any term not exceeding two years, with or without hard labour, and with or without solitary confinement. (sec. 35). XXXV. Whosoever, without lawful authority or excuse, the proof whereof shall be on the party accused, engraves or makes upon any plate, wood, stone, or other material, any share warrant or coupon purporting to be a share warrant or coupon issued or made by any particular company under and in pursuance of this Ordinance, or to be a blank share warrant or coupon issued or made by any company, shall be guilty of an offence. (sec. 96). 250

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XXVII. A share warrant shall entitle the bearer of such war- Effect of share rant to the shares of stock specified in it, and such shares or stock warrant. (Bec. 28). may be transferred by the delivery of the share warrant. XXVIII. The bearer of a share warrant shall, subject to the Re-registra regulations of the company, be entitled, on surrendering such war- tion of bearer rant for cancellation, to have his name entered as a member in of a share the register of members, and the company shall be responsible. for any loss incurred by any person by reason of the company (s. 20). entering in its register of members the name of any beaver of a share warrant in respect of the shures or stock specified therein without the share warrant being surrendered and eancelled. warrant in the register. may take the XXIX. The bearer of a share warrant may, if the regulations Regulation of of the company so provide, ho deemed to be a member of the com- the cumpang pany within the meaning of the principal Ordinance, either to the hearer of a hill extent or for such purposes as may be prescribed by the share warrant regulations: Me Provided that the bearer of a share warrant shall not be quali- (sec. vi. fied in respect of the shares or stock specified in such warrant for being a director or manager of the company in cases where such squalification is prescribed by the regulations of the company. XXX. On the issue of a share warrant in respect of any share Entries in or stock, the company shall strike out of its register of members register where the name of the meniber then entered thereiu as holding such share warrant iga Tel. share or stock as if he had ceased to be a member, und shall euter (sec, 31]. in the register the following particulars :- (1.) The fact of the issue of the warrant. (2) A statement of the shares or stock included in the war- rant, distinguishing each share by its amaher. (3.) The date of the issue of the warrant. And until the warrant is surrendered, the above particulars shall he deemed to be the particulars which are required by the twenty- fourth section of the principal Ordinance to be entered in the register of members of a company; and on the surrender of a warrant the date of such surrender shall be entered as if it were the date at which a person ceased to be a member. XXXI. After the issue by the company of a share warrant, the particulars to annual summary required by the twenty-fifth section of the pria- be contained cipal Ordinance shall contain the following particulars, the total in annual mount of shares or stock for which share warrants are outstand-sury. ing at the date of the summary, and the totul nount of share [rec, 39]. warrants which have been issued and surrendered respectively since the last sumary was male, and the number of shures or amount of stock comprised in each warrant. XXXII. There slinil be charged on every share warrant a Stampa on stamp duty of an amount equal to three times the amount of the share warrants. ad valorem stamp duty which would be chargeable on a deed [sec. 93). transferring the share or shares or stock specified in the warrant, if the consideration for the trausfer were the nominal value of such share or shares or stock. forgery. XXXIII. Whosoever forges or alters, or offers, ntters, dispuses Pensitics on of, or puts off, knowing the same to be forged or altered, any persons share warrant or coupon, or any document purporting to be a committing shure warrant or coupon, issued in pursuance of this Ordinance, rec. 94). or demands or endeavours to obtain or receive any share or interest of or in any company under the principal Ordinance, or to receive any dividend or money payable in respect thereof, by virtue of any such forged or altered share warrant, coupon, or document, parporting as aforesaid, knowing the sarue to be forged or altered, with intent in any of the cases aforesaid to defraud, shall be guilty of felony, and being convicted thereof shall be liable, at the dis- cretion of the court, to be kept in poual servitude for life or for any term not less than three years, or to be imprisoned for any term not exceeding two years, with or without hard labour, and with or without solitary confiuement. awner of XXXIV. Whosoever falsely and deceitfully personates any Penalties on owner of any share or interest of or in any company, or of any posons folaris shure warrant or coupon issued in pursuance of this Ordinance, personatg and thereby obtain or endeavours to obtain any such share or hares. interest, or share warrant or coupon, or receives or endeavours to [sec. 35]. receive any money due to any such owner, as if such offender were the true and lawful owner, Shall be guilty of felony, and being convicted thereof shall be liable, at the discretion of the court, to be kept in penal servitude for life or for any term not loss than three years, or to be imprisoned for any term not exceeding two years, with or without hard labour, and with or without solitary confinement. XXXV. Whosoever, without lawful authority or excuse, the Penalties on proof whereof shall be on the party accused, engraves or makes persons upon any plate, wood, stone, or other material, any share warruut engraving plates, &e. faec. 961. or coupon purporting to be a share warrant or coupon issued or made by any particular company under and in pursuance of this Ordinance, or to be a blank share warrant or coupon issued or 250

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XXVII. A share warrant shall entitle the bearer of such war- Effect of share rant to the shares of stock specified in it, and such shares or stock warrant.

(Bec. 28). may be transferred by the delivery of the share warrant.

XXVIII. The bearer of a share warrant shall, subject to the Re-registra regulations of the company, be entitled, on surrendering such war- tion of bearer rant for cancellation, to have his name entered as a member in of a share the register of members, and the company shall be responsible. for any loss incurred by any person by reason of the company (s. 20). entering in its register of members the name of any beaver of a share warrant in respect of the shures or stock specified therein without the share warrant being surrendered and eancelled.

warrant in the register.

may take the

XXIX. The bearer of a share warrant may, if the regulations Regulation of of the company so provide, ho deemed to be a member of the com- the cumpang pany within the meaning of the principal Ordinance, either to the hearer of a hill extent or for such purposes as may be prescribed by the share warrant regulations:

Provided that the bearer of a share warrant shall not be quali- (sec. vi. fied in respect of the shares or stock specified in such warrant for being a director or manager of the company in cases where such squalification is prescribed by the regulations of the company.

XXX. On the issue of a share warrant in respect of any share Entries in

or stock, the company shall strike out of its register of members register where the name of the meniber then entered thereiu as

holding such share warrant

iga Tel.

share or stock as if he had ceased to be a member, und shall euter (sec, 31].

in the register the following particulars :-

(1.) The fact of the issue of the warrant.

(2) A statement of the shares or stock included in the war-

rant, distinguishing each share by its amaher.

(3.) The date of the issue of the warrant.

And until the warrant is surrendered, the above particulars shall he deemed to be the particulars which are required by the twenty- fourth section of the principal Ordinance to be entered in the register of members of a company; and on the surrender of a warrant the date of such surrender shall be entered as if it were the date at which a person ceased to be a member.

XXXI. After the issue by the company of a share warrant, the particulars to annual summary required by the twenty-fifth section of the pria- be contained cipal Ordinance shall contain the following particulars, the total in annual mount of shares or stock for which share warrants are outstand-sury. ing at the date of the summary, and the totul nount of share [rec, 39]. warrants which have been issued and surrendered respectively since the last sumary was male, and the number of shures or amount of stock comprised in each warrant.

XXXII. There slinil be charged on every share warrant a Stampa on stamp duty of an amount equal to three times the amount of the share warrants. ad valorem stamp duty which would be chargeable on a deed [sec. 93). transferring the share or shares or stock specified in the warrant, if the consideration for the trausfer were the nominal value of such share or shares or stock.

forgery.

XXXIII. Whosoever forges or alters, or offers, ntters, dispuses Pensitics on of, or puts off, knowing the same to be forged or altered, any persons share warrant or coupon, or any document purporting to be a committing shure warrant or coupon, issued in pursuance of this Ordinance, rec. 94). or demands or endeavours to obtain or receive any share or interest of or in any company under the principal Ordinance, or to receive any dividend or money payable in respect thereof, by virtue of any such forged or altered share warrant, coupon, or document, parporting as aforesaid, knowing the sarue to be forged or altered, with intent in any of the cases aforesaid to defraud, shall be guilty of felony, and being convicted thereof shall be liable, at the dis- cretion of the court, to be kept in poual servitude for life or for any term not less than three years, or to be imprisoned for any term not exceeding two years, with or without hard labour, and with or without solitary confiuement.

awner of

XXXIV. Whosoever falsely and deceitfully personates any Penalties on owner of any share or interest of or in any company, or of any posons folaris shure warrant or coupon issued in pursuance of this Ordinance, personatg and thereby obtain or endeavours to obtain any such share or hares. interest, or share warrant or coupon, or receives or endeavours to [sec. 35]. receive any money due to any such owner, as if such offender were the true and lawful owner, Shall be guilty of felony, and being convicted thereof shall be liable, at the discretion of the court, to be kept in penal servitude for life or for any term not loss than three years, or to be imprisoned for any term not exceeding two years, with or without hard labour, and with or without solitary confinement.

XXXV. Whosoever, without lawful authority or excuse, the Penalties on proof whereof shall be on the party accused, engraves or makes persons upon any plate, wood, stone, or other material, any share warruut engraving plates, &e. faec. 961. or coupon purporting to be a share warrant or coupon issued or made by any particular company under and in pursuance of this Ordinance, or to be a blank share warrant or coupon issued or

CO129-175 - Sir Kennedy - 1876 [9-12] — Page 253

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