CO129-561-6 Companies Amendment Ordinance draft bill- correspondence 18-1-1937 - 6-7-1938 — Page 67

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67

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Bunky Busi

J. Pales ha pronk ending

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alli Consultation

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business".

As regards the new S.353 (1), what is a "banking

company"? Is it a company registered by a name which

contains the word "bank" or "banking"? How if a company

other than a banking company should start banking business (such perhaps as the Wing On Bank to which Young referred)?

The Palestine draft refers to "a company which has as its

object or one of its objects the carrying on of banking

What is the remedy for a breach of this

Subsections (3) and (4) apply only to the

cancellation of a licence previously granted and not to the

carrying on of a business without a licence, while a

prosecution under s.357 (2) would require proof that it was

in the interests of the public that the company should be

Would s.379 be applied?

subsection?

wound up.

one.

Similar comments apply to s. 353 (2).

The power which s. 353 (3) gives to the Governor in

Council to close an existing business "at any time in his

absolute discretion and without cause stated" is a tyrannous

It is no doubt required in the last resort for the

protection of the public, but I think some restriction

should be imposed on its exercise. In the case of

Palestine I suggested a procedure via the examiner of

Banks and the Advisory Committee.

/ S.356

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