Power of
or restrain
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representatives, heirs, and devisees of deceased contribn- tories, to the trustees of bunkrupt or insolvent contributories, and to the liabilities of husbands and wives respectively, shall apply.
248. The provisions of this Ordinance with respect to court to stay staying and restraining actions and proceedings against a proceedings, company at any time after the prescutation of a petition for winding up and before the making of a winding-up order shuil, hi the case of an nuregistered company, where the application to stay or restrain is by a creditor, extend to actions and proceedings against any contributory of the company.
& Edw. 7 e. 69 x 270.
Actions
stayed on
249. Where an order has been made for winding up an registered company, no action or proceeding shall be winding-up proceeded with or romancneed against any contributory of the company in respect of any dobs of the company, except by leave of the court, and subject to such terms as the court way impose.
onder. Db. s. 274.
Directions as
to property
in certain
enses.
ib. s. 272.
Provisions of
Part of Or-
dinance cumulative.
Ib. A. 273.
Iterquire-
ments as t
compardes established outside the Colony.
76. 8. 274.
250. If au unregistered company has no power to sue and be sued hi a cominion inime, or if for any renson it appenrs expedient, the court may by the winding-up order, or by any subsequent order, dirget that all or any part of the property, real and personal (including things in acriou), belonging to the company, or to trustees on its behalf, is to vest in the liquidator by his official name, and thereupon the property or the part thereof specified in the order shall vest accordingly; wind the liquidator may, after giving such indemnity (if any) as the court may direct, bring or defend in his oficial name any action or other legal proceeding relating to that properis, or necessary to be bought or defended for the purposes of effectually winding up the company and recovering its property.
251. The provisions of this Part of this Ordinance with respect to onregistered companies shall be in addition to and not in restriction of any provisions heretubefore in this Ordinance contained with respect to winding up companies by the court, and the court or liquidator may exercise any powers or do any act in the case of mu registeral companies which might be exercised or done by it or him in winding up comprades formes and registered under this Ordinance; but an unregistered company shall not, except in the evout of its being wound up, hq deened to be a company under this Ordinance, and then only to the extent provided by this Port of this Ordinance.
PART IX.
COMPANIES ESTABLISHED OF TSIDE THE COLONY, 252.-(1) Every company incorporated outside the Colony which shall establish a place of business within the Colony, shall within one month from the establishment of the place of business file with the registrar of companies --
(a) a certified copy of the charter, statutes, or 10e- morandum and articles of the company, or other instrument constituting or defining the constita- tion of the company, and, if the instrument is not written in the English language, a cerrified
ranslation in the English language thereof;
(b) a list of the directors of the company;
(e) the names and addresses of some one or more persons resident in the Colony authorised to accept on behalf of the company service of process and any notices required to be served on the company !
and, in the event of any alteration being made in any snel instrument or in the directors or in the names or addresses of any such peremus as aforesaid, the company shall within the prescribed time file with the registrar a notice of the alteration.
(2) Any process or notice required to be served on the company shall be sufficiently served if addressed to any person whose name has been so filed as aforesaid and left at or sent by post to the address which has been so filed.
(3) Every company to which this section applies shall in every year file with the registrar such a statement in the form of a balance shoot as would, if it were a company
81
formed and registered under this Ordinance and having a share capital, be required under this Ordinance to be included in the annual summary.
(4) Every company to which this section applics, and which uses the word Limited" or the Chinese characters
A), as part of its name, shall --
(a) in every prospectus inviting subscriptions for its shares or debentures in the Colony state the country in which the company is incorporated; and
(3) conspicuously exhibit on every place where it carries on business in the Colony the name of the company and the comtry in which the company is incorporated; sand
(c) have the name of the company and of the country in which the company is incorporated mentioned in legible characters in all bill-hands and letter paper, and in all notices, advertise- ments, and other official publications of the Company.
(5) Hany company to which this section applies fails 10 comply with any of the requirements of this section the company, and every officer or agent of the company, shall be liable to a fine tot exceeding five hundred dollars, or,
in the case of a continuing offence, fifty dollars for every day during which the failure confinnes.
(6) For the purposes of this section--
The expression "certified" means certified in the prescribed manner to be a true copy or a ear- rect translation;
The expression place of business" includes a share transfer or share registration office; The expression "director" includes any person neenpying the position of director, by whatever uame called; and
The expression "prospectus" means any prospectus, notice, circular, advertisement, or other invita- tion, offering to the public for subscription or purchase my shares or debentures of the com- pany.
(7) There shall be paid to the registrar for registering any docmment required by this section to be filed with him A fee of three dollars or such smaller fee as may bo prescribed.
253-(1) No company incorporated outside the Colony Power of may hereafter acquire immovable property unless:--- companics (a) it is empowered by its constitution to acquire outside the
incorporated imunorable property; and
Colony to (4) it shall have filed with the registrar of companies hold lands. the documents and particulars specified in para- 3 Edw. 7 c. graphs (a), (b) and (e) of sub-section (1) of section 252; and
(e) it shall have obtained the special consent of the
Gov, ruor-in-Commeil.
(2) Subject to the provisions of this section any row- pany incorporated outside the Colony shall have power to acquire hold and dispose of bouls in the Colony as if it were a company incorporated under dris Ordinance.
PART X. SUPPLEMENTAL.
Legal Procedings, Offences, de.
69 s. 275.
254. All offences under this Or Tluunce made punishable Proscention
by any fine may be prosecuted under the Magistrates Ordia- of offences. ance, 1890.
Jb. s. 276.
255. The magistrate imposing any fine under this Applicatious Ordinance may direct first the whole or any part thereof of fines. he applied in or towards payment of the costs of the ib. s. 277. proceedings, or in or towards the rewarding the person ou whose information or at whose suit the flue is recovered, and subject to any such direction ali fines under this Ordin- anec shall notwithstanding anything in any other Ordinance be paid to the Colonial Treasurer.
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