193704-1932-Supplementary-Bill-read-a-second-time--Companies — Page 3

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(2) The alteration shall not take effect until, and except in so far as, it is confirmed on petition by the

court.

(3) Before confirming the alteration the court must be satisfied-

(a) that sufficient notice has been given to every holder of debentures of the company, and to any persons or class of persons whose interests will, in the opinion of the court. he affected by the alteration; and (b) that, with respect to every creditor who in the opinion of the court is entitled to object and who signifies his objection in manner directed by the court, either his consent to the alteration has been obtained or his debt or claim has been discharged or has deter mined, or has been secured to the satisfac- tion of the court:

Provided that the court may, in the case of any person or class, for special reasons, dispense with the notice required by this section.

(4) The court may make an order confirming the alteration either wholly or in part, and on such terms and conditions as it thinks fit.

(5) The court shall, in exercising its discretion under this section, have regard to the rights and interests of the members of the company or of any class of them, as well as to the rights and interests of the creditors, and may, if it thinks fit, adjourn the proceedings in order that an arrangement may be made to the satisfaction of the court for the purchase of the interests of dissentient members, and may give such directions and make such orders as it may think expedient for facilitating or carrying into effect any such arrangement:

Provided that no part of the capital of the company shall be expended in any such purchase.

(6) An office copy of the order confirming the alteration, together with a printed copy of the memo- randum as altered, shall, within fifteen days from the date of the order, be delivered by the company to the registrar of companies and he shall register the copy so delivered and shall certify the registration under his hand, and the certificate shall be conclusive evidence that all the requirements of this Ordinance with respect to the alteration and the confirmation thereof have been complied with, and thenceforth the memorandum as so altered shall be the memorandum of the company.

The court may by order at any time extend the time for the delivery of documents to the registrar under this section for such period as the court may think proper.

(7) If a company makes default in delivering to the registrar of companies any document required by this section to be delivered to him, the company shall be liable to a fine not exceeding one hundred dollars for every day during which the default continues.

Articles of Association,

8. There may in the case of a company limited Articles by shares, and there shall in the case of a company prescribing limited by guarantee or unlimited, be registered with regulations the memorandum articles of association, signed by the

for com- subscribers to the memorandum and prescribing 19 & 20 Geo.

panies. regulations for the company.

5, c. 23, s. 6.