CO129-613-4 Transfer of registration of China Companies from the United Kingdom to Hong Kong 16-4-1946 - 3-2-1948 — Page 80

No. 29]

Resolution

of Board of

return gistered or

4.

COMPANIES

(CESSATION OF EMERGENCY STATUS).

80

[A.D. 1947

It shall be lawful for any company to which this Directors to part of this Ordinance applies to pass a resolution by its re- Board of Directors authorising the return of its registered head office or head office to the Colony from such other part of the to Flong dominions of His Majesty in which the registered or head

office of the company has been established.

Kong.

Registrar to

tion and

issue

5. The resolution referred to in section 4 shall be filed file resolu- with the Registrar of Companies who, when satisfied that the registered or head office has been re-established in the certificate. Colony and that the company is maintaining there its register of members, charges and of directors or managers, shall issue a certificate that the company has complied with the require- ments of this part of this Ordinance and such certificate shall be conclusive evidence thereof.

Effect of issue of certificate.

Ordinance

No. 39 of

1932.

6. From and after the issue of the certificate referred to in section 5-

(a) the provisions of the Companies Ordinance, 1932, shall apply to any company registered under it in the same manner as if the com- pany's registered or head office had not been established outside the Colony but without prejudice to the validity of any act or thing done by the company during such time as its registered or head office was established else- where pursuant to the modifications of the Companies Ordinance, 1932, set out in the Schedule to the Defence (Companies Tempor- ary Transfer of Registered or Head Office) Regulations, 1941;

(b) the provisions of any other Ordinance relating to any other company shall apply to such company but without such modifications (if any) as the Governor may have directed pur- suant to the provisions of Regulation 5 (b) of the Defence (Companies Temporary Transfer of Registered or Head Office) Regulations. 1941, but without prejudice to the validity of any act or thing done pursuant to such modi- fications whilst the company's registered or head office was established elsewhere.

A.D. 1947

COMPANIES (CESSATION OF EMERGENCY STATUS).

7.

81

[No. 29

It shall be competent for the Governor at any time Compliance

obligatory to specify by notification in the Gazette a date within six after months of which every company coming within this part of notification this Ordinance shall, unless exempted from compliance by Governor.

by the the Governor, comply with the provisions of this part of this Ordinance and any company which is required to comply with the provisions of this part of this Ordinance by virtue of such notification and the provisions of this section and which fails so to comply shall cease to exist as a company at the end of the aforesaid period of six months and shall thereupon be deemed to have been dissolved.

PART II.

1940 No.

1213.

8. This part of this Ordinance shall apply to any Application company registered under the principal Ordinance which, of Part II. prior to the 25th December, 1941, had a registered office in the Colony or was prior to such date incorporated under any other Ordinance of the Colony and which in either case, pursuant to the provisions of the Defence (Companies) s. R. & 0. Regulations, 1940, of the United Kingdom or pursuant to any laws or regulations in force in any other territory within. the dominions of His Majesty, became after the 25th Decem- ber, 1941. registered as a company either in the United Kingdom or some other territory as aforesaid under the law or regulations for the time being in force in such place relating to companies and which has not been wound-up or is not in the process of being wound-up.

9. (1) The Governor on being satisfied-

Re-regis- tration of a Hong Kong

(a) that a resolution of the Board of Directors Company.

has been passed authorising the re-regis- tration of any company to which this Part of this Ordinance applies as a Company under the principal Ordinance or its re- establishment as a Company incorporated under any other Ordinance of the Colony, and either

(b) that provision has been made or will be made whereby upon re-registration of the company as a company under the principal Ordinance or upon re-establishment as a

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