193437-1932-Supplementary-Draft-Bill--Companies — Page 109

Power of court to declare dissolution

of company void.

19 & 20 Geo. 5, c. 23, s. 294.

Registrar may strike defunct

company register.

off

19 & 20 Geo. 5, c. 23, s. 295.

1120

(2) All courts, judges, justices, commissioners, and persons acting judicially shall take judicial notice of the seal or stamp or signature, as the case may be, of any such court. judge, person, consul, consul attached, appended, or subscribed such affidavit, or to any other document to be used for the purposes of this Part of this Ordinance.

Provisions as to Dissolution.

or vice-

to

any

276.-(1) Where a company has been dissolved, the court may at any time within two years of the date of the dissolution, on an application being made for the purpose by the liquidator of the company or by any other person who appears to the court to be interested, make an order, upon such terms as the court thinks fit, declaring the dissolution to have been void, and thereupon such proceedings may be taken as might have been taken if the company had not been dissolved.

(2) It shall be the duty of the person on whose application the order was made, within seven days after the making of the order, or such further time as the court may allow, to deliver to the registrar of companies for registration an office copy of the order, and if that person fails so to do he shall be liable to a fine not exceeding fifty dollars for every day during which the default continues.

277.--(1) Where the registrar of companies has reasonable cause to believe that a company is not carrying on business or in operation, he may send to the company by post a letter inquiring whether the company is carrying on business or in operation.

(2) If the registrar does not within one month of sending the letter receive any answer thereto, he shall within fourteen days after the expiration of the month send to the company by post a registered letter referring to the first letter, and stating that no answer thereto has been received, and that if an answer is not received to the second letter within one month from the date thereof. a notice will be published in the Gazette (and, in the case of a China company, also in such other paper as the registrar of companies at Shanghai may select) with a view to striking the name of the company off the register.

to

(2) If the registrar either receives an answer the effect that the company is not carrying on busi- ness or in operation, or does not within one month after sending the second letter receive any answer, he may publish in the Gazette (and, in the case of a China company, also in such other paper as aforesaid) and send to the company by post, a notice that at the expiration of three months from the date of that notice the name of the company mentioned therein will, unless cause is shown to the contrary, be struck off the register and the company will be dissolved.

(4) If, in any case where a company is being wound up, the registrar has reasonable cause to believe either that no liquidator is acting, or that the affairs of the company are fully wound up, and the returns required to be made by the liquidator have not been made for a period of six consecutive months, the registrar shall publish in the Gazette (and, in the case of a China company, also in such other paper as afore- said) and send to the company or the liquidator, if any, a like notice as is provided in the last preceding subsection.

(5) At the expiration of the time mentioned in the notice the registrar may, unless cause to the contrary is, previously shown by the company, strike its name off the register, and shall publish notice thereof in the Gazette (and, in the case of a China company, also in such other paper as aforesaid) and on the publication in the Gazette of this notice the company shall be dissolved: