CO129-423 - Governor Sir May - 1915 [7-8] — Page 315

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(2.) All nuts clone within the limits of the China Acts done (Companies) Onder-in-Council, 191, in pursuance of the by or before

Shanghai provisions of the Companies Ordinances by, to, with, or Registrar before the Registrar of Companies at Shanghai shall, sub- of saME ject to the provisions of the China (Companies) Order-in- validity as if Council, 191, be of the same force and validity as if they done by or had been done by, to, with, or before the Registrar of Hougkong Companies.

before

Registrar.

of China

(3.) All documents and other written information which Documents a company is required by the Companies Ordinances to file in case with the Registrar of Companies shall in the ease of a Company to China Company he filed with the Registrar of Companies be filed with at Shanghai, and a copy of all such documents and other Shanghal

Registrar: written information shall in the case of a Hongkong and as China Company be filed with the Registrar of Companies of Hongkong at Shanghai.

Chinn Company copies of

same to be similarly filed.

(4.) All fees which a company is required by the Com- Fees in caso panies Ordinances to pay to the Registrar of Companies of China

Company shall in the case of & China Company he paid to the to be paid Registrar of Companies at Shanghai.

to Shanghai

Ilcgist.rar.

another.

4.-(1.) (.) Every China Company which for the time Transfer being is on the Register in Hongkong shall be transferred from one to the Register at Shanghai, and every Hongkong China Register to Company which for the time being is on the Register at Shanghai shall be transferred to the Register in Hongkong, (b.) In the case of any such transfer, upon the posting or despatch by the Registrar of the Register on which such company for the time being is of the documents and records of snch company filed in such Register the com- pany shall, subject to any order of the Court which may I made in that behalf, be deemed to have been trasferrel

to the Register at Shanghai or to the Register in Hong- kong as the case may be.

(2.)-(o.) Every Hongkong China Company, and every Nolices to

be given by China Company, which shall be in existence at the com- companies, mencement of this Onlinanco, shall within two months after the commencement of this Ordinance send notice in writing to the Registrar of Companies and to the Registrar of Com- panies at Shanghai of the place from which its operations are directed and controlled.

(b) Every Hongkong China Company, and every Chiua Company, which shall be incorporated after the commence. ment of this Ordinance eball on or before the date of delivery for registration of its memorandum and articles send notice in writing to the Registrar of Companies and to the Re- gistrar of Companies at Shanghai of the place from which its operatious are inteniled to be directed and controlled.

(c.) Every Hongkong China Company and every China Company, whether incorporated before or after the com- menccnient of this Ordinance, shall in the event of any change occurring in the place from which its operations are directed and controlled, send notice in writing of such change to the Registrar of Companies and to the Registrar of Companies at Shanghai, within one month of Auch change occurring.

(d) If any company to which the sub-section applies fails to comply with its provisions the company and every director, officer and agent of the company who is knowingly a party to the default shall be liable to a fine not exceeding ty dollars for each day during which the default con- tintles.

company.

(3.)-(.) Upou the receipt of any such notice by the Transfer on Registrar of the Register in which the documents Rod notice by records of the company in question are filed ench Regis- trar shall proceed to determine whether the company shall remain on such Register or shall be transferred from such Register to the Register at Shanghai or 10 the Register in Hong kong as the case may be.

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(6.) Before so determining it shall be lawful for such Registrar to call upon the company for such proof of the correctness of the notice as he may require.

(c) If upon such determination such Registrar is of opinion that the company ought to be transferred from bis Register to the Register at Shanghai or to the Register in Hongkong as the case may be ho shall order such transfer and shall send all the documents and records fiat in his office relating to such company to the Registrar of Com- panies at Shanghai or to the Registrar of Companies res- pectively and shall serve notice of the order on the com- pany, provided that he shall not without the consent of the company post or despatch the documents and record relating thereto until after the expiration of one month from the service of the order on the company.

(4)-(.) The Registrar of Companies may at any time Transfer on of his own motion, or on the request of the Registrar of

motion of Companies at Shanghai, send to any company registered

Registrar. under the Companies Ordinances carrying on business in Hongkong a notice calling on such company to shew to the satisfaction of the Registrar of Companies that it ought not to be transferred to the Register at Shanghai, as being a China Company, and such notice shali fix a date by which such company shall submit its case in writ- ing to the Registrar of Companies.

(4.) If the company fails to shew to the satisfaction of the Registrar of Companies that it ought not to be trans- ferred to the Register at Shanghai, the Registrar of Com- panies shall order such transfer and shall forthwith serve notice of the order on the company, provided that be shall not without the consent of the company send the documents and records to the Register at Shanghai until after the expiration of one month from the service of the onter on the company.

(e.) The Registrar of Companies at Shanghai may at any time of his own motion, or on the request of the Re- gistrar of Companies, send to any company registered ander the Companies Ordinances carrying on business within the limits of the China Orders-in-Couneil a notico calling on such company to shew to the satisfaction of the Registrar of Companies at Shanghai that it ought not to be transferred to the Register in Hongkong, as being a Hongkong China Company, and such notice shall fix a date by which such company shall submit its case in writing to the Registrar of Companies at Shangbai.

(d.) If any such company fails to shew to the satisfac tion of the Registrar of Companies at Shanghai that it ought not to be transferred to the Register in Hongkong, the Registrar of Companies at Shanghai sbali order such transfer, and shall forthwith serve uptice of the order on the company, provided that he shall not without the con- sent of the company send the documents and records relating thereto to the Register in Hongkong natil after the expiration of one month from the service of the oxler on the company.

(5.)-(a.) If the company concerned, or the Registrar Appeals. of Companies, or the Registrar of Companies at Shanghai,

is dissatisfied with any such order of transfer or determina- tion aforesaid, it shall be lawful for it or bim to appeal to the Court.

(4.) Such appeal shall be made by originating suamous. (e.) Such originating summons shall be issued within ope mouth after the service of the notice of such trusfer or determination on the company concerned, provided that the Court shall have power to extend the time before or after the expiration of the said period of one month.

(d.) If any such appeal is not prosecuted with all due diligence it shall be lawful for the Court to dismiss it.

(e.) Upon such appeal the Court may make sneh order

as may sent to it desirable.

(6.) The Registrar of Companies or the Registrar of Notices to be Companies at Shanghai shall register any such notice as registered. is referred to in this section given to him by a company.

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