CO129-423 - Governor Sir May - 1915 [7-8] — Page 323

211

the word "Colony" in the second line of the first proviso to sub-section (1) thereof;" (d) by the insertion of the words “er, in the case of Chima Company, have been received in Shanghai," after the worl

• Colony in the minch line of the first proviso to sub-section (1) thereof. () by the insertion of the words "or where, in the case of a China Company, the nortgage or charge is create within the limits of the China Orders-in-Council baz comprises property outside the limits of o China Orders-in-Council," after the word "Colouy" in the second line of the second proviso to sub-section (1) thereof. (12.) In section 110 by the addition of the follow- Amendment

ing paragraph to sub-section (1) thereof ;—

of section 110.

(v.) In the case of any company "on the application of the Registrar "of Companies or of the Registrar ** of Companies ut Shanghai,”

(13.) In section 113, as amended by section 16 of Amendment

the Companies Amendment Ordinance, 1913

(4.) by the leletion of the words “of such " in the twelfth line of sub-section (1) Thereof as printed in the said Companies Amendment Ordinance, 1913:

(6.) by the repeal of the second proviso to

sub-section (5) thereof;

(c.) by the addition at the end therent of the

following sub-section :—

**(9.) Sub-section (1) of this section shall "not apply in the case of a Chin Coin-

pany.

(14.) In section 114--

of weetion

11.

(1.) by the insertion of the words “, or, in the Amendment

of sections case of a China Company, if the com-

114. pany has bunnch banks beyond the limits of the consular district wherein mich Coin- pany has its registered office," after the word "Colony" in the first line of paragraph (a) of sub-section (5) thereof : (b) by the insertion of the words **, or, in the ense of a China Company, to the registered ottee of the company within the limits of the China Orders-in-Council" after the word "Colony" in the fourth line of para- graph (r) of sub-section (5) thereof,

(15.) In section 132 by the insertion of the words Amendment.

ISY.

or by the Registrar of Companies, or by the of section Registrar of Companies at Shanghai," after the word "contributuries" in the fifth line of sub- section (1) thereof.

(16.) In section 141–

Amendment

(a) by re-mmbering sub-section (2) as sub-

Nection (3):

of section

141.

(4.) by inserting a new sub-section (2) thercia

n's follows:-

(2.) For the purpose of this Ordi- #unnee 80 far as it relates to the

14

winding up of China Companies or

Hongkong China Companies by the

"Supreme Court for China the term

Official Receiver shall mean the

* person appointed in that behalf by

The Judge of the Supreme Court * for Ching."

(17.) In section 171 by the substitution of the words Amendment

→ite jwisdiction" for the words “the Colony' "of section in the third live thereof.

17).

(18.) In section 178 by the addition of the words Amendurent

*. and in the case of a China Company in section

some newspaper cirenlating in the place where 17.

such Company has its registered office." at tho

end thereof,

(19.) In section 216 by the insertion of the Amendment

words, or within the limits of the China of section Orders-in-Council before any over of the 216. Supreme Court for China lawfully authorizel to take and receive affidavits," after the wond **affidavits "* in the fifth line of smb-scerion (1) thereof.

(20.) In Table A in the First Schedule by the Amendment

deletion of the words "On show of hands of Table A. every member present in person shall bave

in the first line of Article 50 thereof, and by the sub-titution therefor of the words, "AÏL business shall be deemed special that is transacte: 1 20",

7.-(1) Sections 35, 36 and 37 of the Companies Ordi- Sections 35. nanec. 1911, shall not apply in the case of China Com- and of panics.

Ordinance No. 38 of 1911 not to

apply to

Ching Companies.

on transfers

(2.) An instrument of transfer of a share in a China Stamp duties Company shall be exempt from stamp duty unless excented of shares. by die transferor within the Colony,

(3.) No probate duty or estate duty shall be payable Probate and in respect of the share or other interest of a deceased estate duty. member of a Chins Company in such company.

(4.) In lieu of the aforesaid duties, an annual fee for engli China calendar year at the rate of four cents for each bundred to pay an

Companies dollars of the paid up capital of the company shall be paid in annual fee. advanco by every China Company to the Colonial Treasurer of Hougkong on or before the 31st day of January in cuch year: Provided that where a company is placed on the Register at Shanghai after the 1st day of January in way given calendar year a proportionate part only of the sail fee shall be payable in respect of the period from the late of its being so placed on the Register at Shanghai to the 31st day of December next following.

(5) If any company hereafter transferred from the Befund of Register in Hongkong to the Register at Shanghai shall local register at the date of such transfer be the holder of an unexpired

licence fee. Incal register licence mader the Companies Ordinance, 1911, a proportionate part of the licence fee in respect of the expired portion of the period covered by such licence shall, if previously paid by such company, be refunded to The company by the Colonial Treasurer of Hongkong within one month of the receipt by him of proof to his satisfaction that the fee referred to in the preceding aub-section has been paid to the Registrar of Companies at Shanghai in respect of the period for which the refund is claimed,

(6.) If any company makes default in complying with Peanity. the provisions of sub-section (4) of this section it shall be liable to a penalty not exceciling fifty dollars for every day during which the default continues, and every director, officer and agent of the company who knowingly or wilfully authorises or permits the default shall be liable to the like penalty.

8. The Companies Amendment Ordinance, 1913, in Ametiment hereby amended as follows:-

(

By the repes of sub-section (a) of section 6 thereof, and by the renaming of sub-sections (b) and (e) as (1) and (b) respectively,

(2.) By the repeal of the words "of such" in the fourteenth line of sub-section (a) of section 16 Thereof.

(8.) By the repeal of sub-sipetion (e) of section 16

thereof.

of Ordinance

No. 22 of

1913.

9. The Companies Ordinances, in so far as they affect Application Potopanies currying on basinees within the limits of the of Chin China Orders-in-Council, shall be read with and subject Onlerin

(Companies) to the Chin (Companies) Ondor-in-Council, 191

Council,

10. This Ordinance shall com into force on the slay of

191

נפו

Commenter ment.

319