Trusts not to
be entered
on register.
9 Edw. 7 e.
69 8. 27.
Registration
14
(2) In the case of a company which has a local register licence muder section 35 of this Ordin- ance the number of shares on such local register and their distinguishing numbers or marks if
uny.
(3) The summary must also (except where the company is a private company) include a statement, made up to the same dare as the profit and loss account and balance sheci referred to in section 77, in the form of a balanco sheer, audited by the company's auditors, and containing a summary of its simre capital, its abilities, and its assets, giving such particulars as will disclose the general mature of those liabilities and assets, and how the values of the fixed assets have been arrived at. Such summary shall also include a statement of profit and loss.
(4) The above list and summary must be contained in a separate part of the register of members, and must be completed within thirty-one days after the ordinary anomal general meeting aforesaid, and the company must forthwith forward to the registrar of companies a copy signed by the manager or by the secretary of the company.
(7) If a company makes default in complying with the requirements of this section it shall be liable to a fine not exceeding fifty dollars for every day during which the default continues, and every director and manager of the company who knowingly and wilfully authorises or permits the default shall be liable to the like penalty.
28. No notice of any trast, expressed, implied, or cou- structive, shall be entered on the register, or be receivable by the registrar.
29. On the application of the transferor of any share or of transfer interest in a company, the company shall enter in its
transferor
at request of register of members the name of the transferee in the saine manner and subject to the same conditions as if the application for the entry were made by the transferee,
Zb. s. 28.
Transfer by personal re- presentative. 1b. s. 20.
Inspection
of register of member: Ib, R. 30.
30. A transfer of the shure or other interest of a decensed member of a company made by his personal representative shall, although the personal representative is not himself a member, be as valid as if he had been a member at the time of the execution of the instrument of transfer.
31-(1) The register of members, conûneueing from the date of the registration of the company, shall he kept at the registered office of the company, aud, except when closed under the provisious of this Ordinance, shall during business hours (subject to sneh reasonable restrictions as the company in general meeting may impose, so that not less than two hours in each day be allowed for inspection) be open to the inspection of the registrar of companies or of any member without fee, and to the inspection of any other person on payment of fifty cents, or such less sun as
the company may prescribe, for each inspection.
(2) Any member or other person may require a copy of the register, or of any part thereof, or of the list and summary required by this Ordinance, or any part thereof, on payment of twenty-five couts or such less sum as the company may prescribe, for every hundred wonls fractional part thereof required to be copied.
or
(3) If any inspection or copy re pire:l noder this section is refused, the company shall be liable for one refusal to a fino not exceeding twenty dollars, and to a farther fine not exceeding twenty dollars for every day during which the refusal continues, and every director and manager of the company who knowingly authorises or permits the refusal shall be liable to the like peualty; and, any julge of the court, may by order compel an immediate inspection of the register.
(4) If such inspection or copy eauaot be obtained at the registered office of the company with the exercise of a reasonable amount of diligence the company shall be liable to the same penalities as if such inspection or copy had heen actually refused.
15
32. A company may, on giving notice by advertisement Power
in some newspaper circulating in the Colony, and in the to close ease of a company with a local register niso in some news. register. paper eirculating in the place where the local register is kept. close the register of members for any time or times not exceeding in the whole thirty days in each
* Edw. ↑ C. 49 s. al.
year.
33.-(D) T
l'ower of court to
(#) the name of any person is, without sufficient rectify
canse, entered in or omitted from the register Tegister, of members of a company; or
7b. s. 32.
(6) default is male or munecessary delay takes place in outering on the register the fact of any person having ceased to be a member,
the person aggrieved, or any member of the company, or the company, may apply to the court for rectification of the register.
(2) The application way be made by motion in the court,
or by application to a judge of the court sitting in chambers, or in such other manner as the court may direct; and the court may either refuse the application, or may order rectification of the register, and payment by the company of any damages sustained by any party aggrieved.
(3) On any application under this section the court may decide any question relating to the title of any person who is a party to the application to have his summe entered in or omitted from the register, whether the question arises between members or alleged members, or between members or alleged members on the one hand and the company on the other hand and generally may decide any question necessary or expedient to be decided for rectification of the register.
(4) In the case of a company required by this Ordinance to send a list of its members to the registrar of companies, the court, when making au order for rectification of the register, shall by its order direct notice of the rectification
to be given to the registrar.
34. The register of members shall be primiâ furic ovidence Register to of any matters by this Ordinance dirceted or authorised to be inserted therein,
be evidence.
b. 8. 33.
35.--(1) The registrar of computies may subject to Registrav instruction from the Governor issue an annual licence, may license available for the period of one year, to any company whose companies to
keep local objects comprise the transaction of business outside the registers. Colony, empowering such company, if it is authorized an to Ord. 20 of do by its regulations as originally framed or as altered by 1909 s. 2. special resolution, to keep in any place in which it transacts business a register or registers of members: Provided that
a company applying for such licence mast satisfy the re- gistrar by a statutory declaration to be filed with him that a principal part of the business of the company is carried on at or near the place where ir desires to keep such register.
Every such licence shall be valid only until the thirty-first day of December next following the date on which it is issued: Provided always that where the period between the date of the issue of a licence and the thirty-first day of December next following is less than a year a proportionate part only of the fee iu sub-section (2) shall be ebarged,
(2) An unuual fee at the rate of four cents for every Ordinance 16 bundred dollars of the paid up capital of the company to of 1907 s. 4. which the licence is issued shall be paid by such company
in respect of such licence. Such fee shall be paid to the Colonial Treasurer within four mouths of the date of the licence.
(3) The company shall give to the registrar notice of the simation of the office where any such register (in this Ordinance called a local register) is kept or proposed to be kept, and of any change therein, and of the discontinuance of any sneb office in the event of the same being discontinued.
413
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