172
Register of members.
19 & 20 Geo.
5, c. 23,
5. 95.
Index of members of company.
19 & 20 Geo. 5, c. 23,
3. 96.
Provisions
as to entries
in register
in relation
to share
warrants.
38
P
(13) If no office of the company has been registered, copies of the letter referred to in sub-section (7) shall be sent by the registrar of companies by registered post to each of the persons who subscribed the memo. randum of the company at the respective addresses given therein.
(14) Nothing in this section shall apply to-
(a) a private company; or
(b) a company registered before the first day of
January, nineteen hundred and twelve,
Register of Members.
95.-(1) Every company shall keep in one or more books in the English language a register of its memn- bers, and enter therein the following particulars:— fa) The names and addresses, and the occupa- tions, if any, of the members, (and in the case of Chinese members their names shall be given both in English and Chinese charac- ters) and in the case of a company having a share capital a statement of the shares held by each member, distinguishing each share by its number, and of the amount paid or agreed to be considered as paid on the shares of each member:
(b) The date at which each person was entered
in the register as a member:
(c) The date at which any person ceased to be a
member:
Provided that, where the company has converted any of its shares into stock and given notice of the conversion to the registrar of companies, the register shall show the amount of stock held by each member instead of the amount of shares and the particulars relating to shares specified in paragraph (a) of this subsection.
(2) 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.
96. (1) Every company having more than fifty members shall, unless the register of members is in such a form as to constitute in itself an index, keep an index of the names of the members of the company and shall, within fourteen days after the date on which any alteration is made in the register of members, make any necessary alteration in the index.
(2) The index. which may be in the form of a card index, shall in respect of each member contain & sufficient indication to enable the account of that member in the register to be readily found.
(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.
97.-(1) On the issue of a share warrant the com pany shall strike out of its register of members the name of the member then entered therein as
holding
the shares specified in the warrant as if he had ceased
to be a member, and shall enter in the register the
19 & 20 Geo. following particulars, namely:-
5, c. 23,
3. 97.
(a) The fact of the issue of the warrant;
(b) A statement of the shares included in the warrant, distinguishing each share by its number; and
(c) The date of the issue of the warrant.
(2) The bearer of a share warrant shall, subject to
the articles of the company, be entitled, on surrender- ing it for cancellation, to have his name entered as
a member in the register of members.
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(3) The company shall be responsible for any loss incurred by any person by reason of the company entering in the register the name of a bearer of a share warrant in respect of the shares therein specified without the warrant being surrendered and cancelled.
(4) Until the warrant is surrendered, the particu- lars specified in subsection (1) of this section shall be deemed to be the particulars required by this Ordinance to be entered in the register of members, and, on the surrender, the date of the surrender must be entered,
(5) Subject to the provisions of this Ordinance, the bearer of a share warrant may, if the articles of the company so provide, be deemed to be a member of the company within the meaning of this Ordinance, cither to the full extent or for any purposes defined
in the articles.
98. (1) The register of members, commencing Inspection from the date of the registration of the company, of members.
of register and the index of the names of members, shall be 19 & 20 Geo. kept at the registered office of the company, and, 5, c. 23, except when the register is closed under the provisions s. 98. of this Ordinance, shall during business hours (subject
to such reasonable restrictions as the company in general meeting may impose, so that not less than two hours in each day be allowed for inspection) be open to the inspection of any member without charge and of any other person on payment of fifty cents, or such less sum as the company may prescribe, for each inspection.
(2) Any member or other person may require a
copy of the register, or of any part thereof, on pay- ment of twenty five cents, or such less sum as the company may prescribe, for every hundred words or fractional part thereof required to be copied.
The company shall cause any copy so required by any person to be sent to that person within a period of ten days commencing on the day next after the day on which the requirement is received by the
company.
(*) If any inspection required under this section is refused or if any copy required under this section is not sent within the proper period, the company and every officer of the company who is in default shall be liable in respect of each offence to a fine not exceeding twenty dollars, and further to a default fine of twenty dollars.
(4) In the case of any such refusal or default, the court may by order compel an immediate inspection of the register and index or direct that the copies required shall be sent to the persons requiring them.
99. A company may, on giving notice by advertise- Power to ment in some newspaper circulating in the district close,
register.
in which the registered office of the company is 19 & 20 Geo. situate, close the register of members for any time 5, c. 23, or times not exceeding in the whole thirty days in s. 99. each year.
100.—(1) If
Power of court to
(a) the name of any person is, without sufficient rectify
cause, entered in or omitted from the register 19 & 20 Geo.
register. of members of a company; or
5, c. 23, s. 100.
(b) default is made or unnecessary delay takes place in entering on the register the fact cf any person having ceased to be a inember:
the person aggrieved, or any member of the company, or the company, may apply to the court for rectification of the register.
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