2136
Power of court to
in certain
cases.
8 Edw. 7,
No. 58 of 1911.
COMPANIES.
(2) At the expiration of the time mentioned in the notice, the Registrar of Companies 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 on such publication the company shall be dissolved: Provided that the liability (if any) of every director, managing officer, and member of the company shall continue and may be enforced as if the company had not been dissolved.
(3) If a company or any member or creditor thereof feels aggrieved by the company having been struck off the register, the court on the application of the company or member or creditor may, if satisfied that it is just that the company be restored to the register, order the name of the company to be restored to the register, and thereupon the company shall be deemed to have continued in existence as if its name had not been struck off; and the court may by the order give such directions and make such provisions as seem just for placing the company and all other persons in the same position as nearly as may be as if the name of the company had not been struck off.
(4) A letter or notice under this section may be addressed to the company at its registered office, or, if no office has been registered, to the care of some director or officer of the company, or, if there is no director or officer of the company whose name and address are known to the Registrar of Companies, may be sent to each of the persons who subscribed the memorandum, addressed to him at the address mentioned in the memorandum.
Provided that nothing in this section shall affect any other legal method of enforcing fines or penalties imposed by a magistrate.
258. If in any proceeding against a director, or person occupying the position of director, of a company for negligence or breach of trust it appears to the court hearing the case that the director or person is or may be liable in respect of the negligence or breach of trust, but has acted honestly and reasonably, and ought fairly to be excused for the negligence or breach of trust, that court may relieve him, either wholly or partly, from his liability on such terms as the court may think proper.
[s. 259, rep. No. 21 of 1922.]
2136
Power of court to
in certain
cases.
8 Edw. 7,
No. 58 of 1911.
COMPANIES.
(2) At the expiration of the time mentioned in the notice, the Registrar of Companies 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 on such publication the company shall be dissolved: Provided that the liability (if any) of every director, manag- ing officer, and member of the company shall continue and may be enforced as if the company had not been dissolved.
(3) If a company or any member or creditor thereof feels aggrieved by the company having been struck off the register, the court on the application of the company or member or creditor may, if satisfied that it is just that the company be restored to the register, order the name of the company to be restored to the register, and thereupon the company shall be deemed to have continued in existence as if its name had not been struck off; and the court may by the order give such directions and make such provisions as seem just for placing the company and all other persons in the same position as nearly as may be as if the name of the company had not been struck off.
(4) A letter or notice under this section may be addressed to the company at its registered office, or, if no ollice has been registered, to the care of some director or officer of the company, or, if there is no director or officer of the company whose name and address are known to the Registrar of Companies, may be sent to each of the persons who sub- scribed the memorandum, addressed to him at the address mentioned in the memorandum.
Provided that nothing in this section shall affect any other legal method of enforcing fines or penalties imposed by a magistrate.
258. If in any proceeding against a director, or person company for grant relief occupying the position of director, of a
negligence or breach of trust it appears to the court hearing the case that the director or person is or may be liable in c. 69, s. 279. respect of the negligence or breach of trust, but has acted honestly and reasonably, and ought fairly to be excused for the negligence or breach of trust, that court may relieve him, either wholly or partly, from his liability on such terms as the court may think proper.
[s. 259, rep. No. 21 of 1922.]
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