340
" in England..... Incland" omitted.
paragraph referring to Seothand
omitted.
paragraphs (f) (9) (h)ometted for "Great Britain"
Lo
do for "Act"
do.
do
do.
Contribu-
tories in
winding up of un- registered
company.
19 & 20 Geo. 5, c. 23, 5. 339.
paragraph referring to the Stannaries omitted.
for "Act"
Tower of court to stay or testrain
proceeding. 19 & 20 Geo. 5. c. 23,
: 340.
Ac'ions stayed on winding-up
order.
19 & 20 Geo.
5.+. 23,
s. 341.
122
-
the company, or by otherwise serving the same in such manner as the court may approve or direct, the company has not within ten days after service of the notice paid, secured, or compounded for the debt or demand, or procured the action or pro- ceeding to be stayed, or indemnified the defendant to his reasonable satisfaction against the action or proceeding, and against ull costs, damages, and expenses to be incurred by him by reason of the same;
CHE
(iii) execution or other process issued a julgment, decree, or order obtained in any court in favour of a creditor against the company, or any member thereof as such, or any person authorised to be sued 1ኛ nominal defendant on behalf of the company, is returned unsatisfied;
(iv) If it is otherwise proved to the satis- faction of the court that the company is unable to pay its debts.
(2) Where a company incorporated outside the Colony which has been carrying on business in the Colony ceases to carry on business in the Colony, it may be wound up as an unregistered company under this Part of this Ordinance, notwithstanding that it has been dissolved or otherwise ceased to exist as a company under or by virtue of the laws of the country under which it was incorporated.
(3) Nothing in this Part of this Ordinance shall affect the operation of any enactment which provides for any partnership, association, or company, being wound up, or being wound up as a company or as an unregistered company, under any enactment re- pealed by this Ordinance, except that references in any such first-mentioned enactment to any such repealed enactment shall be read as references to the corresponding provision (if any) of this Ordinance.
314. (1) In the event of an unregistered company being wound up, every person shall be deemed to be
contributory who is liable to pay or contribute to the payment of any debt or liability of the company, or to pay or contribute to the payment of any suin for the adjustment of the rights of the members among themselves, or to pay or contribute to the payment of the costs and expenses of winding up the company, and every conftributory shall be liable to contribute to the assets of the company all sumis due from him in respect of any such liability as aforesaid:
(2) In the event of the death, bankruptcy, or in- solvency, of any contributory, or marriage of any female contributory, the provisions of this Ordinance with respect to the personal representatives, to the trustees of bankrupt or insolvent contributories, and to the liabilities of husbands and wives respectively, shall apply.
315. The provisions of this Ordinance with respect to staying and restraining actions and proceedings against a company at any time after the presentation of a petition for winding up and before the making of a winding-up order shall, in the case of an un- registered company, where the application to stay or restrain is by a creditor, extend to actions and pro- eredings against any contributory of the company.
316. Where an order has been made for winding up an unregistered company, no action or proceeding shall be proceeded with or commenced against any Contributory of the company in respect of any debt of the company, except by leave of the court, and subject to such terms as the court may impose.
123
317. The provisions of this Part of this Qrdinance Provisions with respect to unregistered companies shall be in of Fart X addition to and not in restriction of any provisions cumulative. heroinbefore in this Ordinance contained with respect 5. c. 23,
19 & 20 Geo. to winding up companies by the court, and the court. 342, or liquidator may exercise any powers or do any act in the case of unregistered companies which might be exercised or done by it or him in winding up companies formed and registered under this Ordinance:
Provided that an unregistered company shall not. exept in the event of its being wound up, be deemed to be a company under this Ordinance, and then only to the extent provided by this Part of this Ordin
ulice.
PART XI.
COMPANIES INCORPORATED OUTSIDE THE COLONY
CARRYING ON BUSINESS WITHIN THE COLONY.
318. This Part of this Ordinance shall apply to all Companies companies incorporated outside the Colony which, to which after the commencement of this Ordinance, establish a Part XI
applies. place of business within the Colony, and to all com- 19 & 20 Geo. panies incorporated, outside the Colony which have, 5, c. 23, before the commencement of this Ordinance, establish- 3.343 ed a place of business within the Colony and continue to have an established place of business within the Colony at the commencent of this Ordinance.
outside
319.--(1) Companies incorporated
the Documents, Colony which, after the commencement of this Qadin- &c. to be
delivered to ance, establish a place of business within the Colony, registrar by sha!! within one month from the establishment of the companies place of business, deliver to the registrar of companies carrying on for registration-
the Colony. (0) a certified copy of the charter, statutes or 19 8 20 Geo
memorandum and articles of the company, s. 344 and
5. c. 23,
business in
or other instrument constituting or defining Ordinance the constitution of the company, and, if the No. 58 of instrument is not written in the English 1911, s. 252. language, a certified translation thereof;
(b) a list of the directors of the company, con- taining such particulars with respect to the directors as are by this Ordinance required to be contained with respect to directors in the register of the directors of a company:
(c) 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 inade in any such instrument or m the directors or in the names or addresses of any such persons as aforesaid, the com pany shall within a reasonable time file with the registrar of companies a notice of the alteration.
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 aforr said and left at or sent by post to the address which has been so filed.
(2) Companies to which this Part of this Ordinance applies, other than the companies mentioned in sub- section (1) of this section, shall (f at the commence- ment of this Ordinance they have not delivered to the registrar the documents and particulars specified in
for "Act"
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do
do
do
341
for "Great Britain"
do
for "Act"
for "Great Britain" for "Act"
for "Great Butain for Actu
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for "Oct" for "Great Britain" for "Act" for "Great Britain="
for "Act"
for "Great Britain"
Paragraph taken from
No. 38 of 1911, 5.252 (1)and(3) and Sub-Section (7) of section 344 of the Act omitted.
for "Act"
do.
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