168
Application of Part III to charges created, and property Bubject to charge ac- quired by company
incorporated
outside
the Colony.
19 & 20 Geo.
5, c. 23.
a. 90.
Provision
34
refusal, shall be liable to a fine not exceeding fifty dollars, and a further fine not exceeding twenty dollars for every day during which the refusal continues.
(3) If any such refusal occurs in relation to a com- pany registered in the Colony, the court may by order compel an immediate inspection of the copies or register.
Application of Part III. to Companies incorporated outside the Colony.
90. The provisions of this Part of this Ordinance shall extend to charges on property in the Colony which are created, and to charges on property in the Colony which is acquired, after the commencement of this Ordinance, by a company (whether a company within the meaning of this Ordinance or not) incor- porated outside the Colony which has an established place of business in the Colony.
Transitional Provision as to matters required to be registered under this Ordinance, but not under former Ordinances.
91. (1) It shall be the duty of a company within
as to charges six months after the commencement of this Ordinance created, and
to send to the registrar of companies for registration the prescribed particulars of—
charges
on property acquired, by
company before com- mencement
of Ordin.
ance.
19 & 20 Geo. 5, c. 23.
8. 91
Registered
office of
company.
19 & 20 Geo.
5, c. 23,
8. 92.
(a) any charge created by the company before the date of the commencement of this Ordin- ance and remaining unsatisfied at that date, which would have been required to be regis- tered under the provisions of paragraphs (g), (h) and (1) of subsection (2) of section seventy-nine of this Ordinance or under the provisions of section ninety of this Ordinance, if the charge had been created after the com- mencement of this Ordinance; and
(b) any charge to which any property acquired by the company before the commencement of this Ordinance is subject and which would have been required to be registered under the provisions of section eighty-one of this Ordin- ance or under the provisions of section ninety of this Ordinance, if the property had been acquired after the commencement of this Ordinance.
(2) The registrar, on payment of the prescribed fee, shall enter the said particulars on the register kept by him in pursuance of this part of this Ordinance.
(8) If a company fails to comply with this section, the company and every director, manager, secretary or other officer of the company, or other person who is knowingly a party to the default shall be liable to
a fine not exceeding five hundred dollars for every day during which the default continues:
Provided that the failure of the company shall not prejudice any rights which any person in whose favour the charge was made may have thereunder.
•
(4) For the purposes of this section, the expression 'company" includes a company (whether a compan
within the meaning of this Ordinance or not) incor- porated outside the Colony which has an established place of business in the Colony.
PART IV.
MANAGEMENT AND ADMINISTRATION, Registered Office and Name.
92. (1) A company shall, as from the day on which it begins to carry on business or as from the twenty-eighth day after the date of its incorporation, whichever is the earlier, have a registered office in the Colony (or, in the case of a China company, within
35
the limits of the China Orders in Council) to which all communications and notices may be addressed.
(2) Notice of the situation of the registered office, and of any change therein, shall be given within twenty-eight days after the date of the incorporation of the company or of the change, as the case may be, to the registrar of companies, who shall record the same.
The inclusion in the annual return of a company
of a statement as to the address of its registered office shall not be taken to satisfy the obligation imposed by this subsection.
(3) If default is made in complying with this sec- tion, the company and every officer of the company who is in default shall be liable to a default fine.
93.-(1) Every company-
company,
(a) shall paint or affix, and keep painted or Publication affixed, its name on the outside of every office of name by or place in which its business is carried on, 19 & 20 Geo. in a conspicuous position, in letters easily 5, c. 23, legible;
(b) shall have its name characters on its seal;
engraven in legible
(c) shall have its name mentioned in legiblo characters in all notices, advertisments, and other official publications of the company, and in all bills of exchange, promissory notes, endorsements, cheques, and orders for money or goods purporting to be signed by or on behalf of the company, and in all bills of parcels, invoices, receipts, and letters of credit of the company.
(2) Every limited company (other than a company licensed to be registered without the addition of the word "Limited" to its name)-
(a) which exhibits outside or inside its registered office or outside or inside any office or place in which its business is carried on, or
(b) which uses on its seul, or
(c) which uses in any notice, advertisement or other official publication of the company, or in any contract, deed, bill of exchange, promis- sory note, indorsement, cheque, or order for money or goods purporting to be signed by or on behalf of the company, or in any bill of parcels, invoice, receipt or latter of credit of the company, or in any trade catalogue, trade circular, show card or business letter,-
any name of or for the company in Chinese characters, whether such name be a transliteration or translation
of its name in the memorandum or not, shall append to such name so used in Chinese characters the Chinese characters ABA and, if a China company, shall also prefix thereto the Chinese characters):
Provided that it shall be lawful for the Governor (in the case of any company other than a China company, and for the Minister in the case of any China com. pany), by licence to direct that such company shall be exempted, wholly or in part, from the requirements of this sub-section, and to revoke any such licence.
(3) If a company does not paint or affix its name in manner directed by this Ordinance, the company and every officer of the company who is in default shall be liable to a fine not exceeding fifty dollars, and if a company does not keep its name painted or affixed in manner so directed, the company and every officer of the company who is in default shall be liable to a default fine.
8. 93.
169
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