2060
[s. 95 could.]
and charges.
No. 58 of 1911.
Provided that
COMPANIES.
(i) in the case of a mortgage or charge created out of the Colony, or, in the case of a China company, created outside the district of the Consulate of Shanghai, comprising solely property situate outside the Colony, or, in the case of a China company, comprising solely property situate outside the district of the Consulate of Shanghai, the delivery to and the receipt by the Registrar of a copy of the instrument by which the mortgage or charge is created or evidenced, verified to the satisfaction of the Registrar, shall have the same effect for the purposes of this section as the delivery and receipt of the instrument itself, and five weeks after the date on which the instrument or copy could, in due course of post, and if despatched with due diligence, have been received in the Colony, or, in the case of a China company, have been received in Shanghai, shall be substituted for five weeks after the date of the creation of the mortgage or charge, as the time within which the particulars and instrument or copy are to be delivered to the Registrar; and
Registration
(ii) where the mortgage or charge is created in the Colony of mortgages but comprises property outside the Colony, or where, in the case of a China company, the mortgage or charge is created within the limits of the China Orders in Council but comprises property outside the limits of the China Orders in Council, the instrument creating or purporting to create the mortgage or charge may be sent for registration, notwithstanding that further proceedings may be necessary to make the mortgage or charge valid or effectual according to the law of the country in which the property is situate; and
First Schedule Table B.
(iii) where a negotiable instrument has been given to secure the payment of any book debts of a company, the deposit of the instrument for the purpose of securing an advance to the company shall not for the purposes of this section be treated as a mortgage or charge on those book debts; and
(iv) the holding of debentures entitling the holder to a charge on land shall not be deemed to be an interest in land.
(2) The Registrar of Companies shall keep, with respect to each company, a register in the prescribed form of all the mortgages and charges created by the company after the commencement of this Ordinance, and requiring registration under this section, and shall, on payment of the prescribed
0. a be Pi ag fo to an re th all 110
Page 60
Page 61
2060
[s. 95 could.]
and charges.
No. 58 of 1911.
Provided that
COMPANIES.
(i) in the case of a mortgage or charge created out of the Colony, or, in the case of a China company, created outside the district of the Consulate of Shanghai, comprising solely property situate outside the Colony, or, in the case of a China company, comprising solely property situate outside the district of the Consulate of Shanghai, the delivery to and the receipt by the Registrar of a copy of the instrument by which the mortgage or charge is created or evidenced, verified to the satisfaction of the Registrar, shall have the same effect for the purposes of this section as the delivery and receipt of the instrument itself, and five weeks after the date on which the instrument or copy could, in due course of post, and if despatched with due diligence, have been received in the Colony, or, in the case of a China company, have been received in Shanghai, shall be substituted for five weeks after the date of the creation of the mortgage or charge, as the time within which the particulars and instru- ment or copy are to be delivered to the Registrar; and
Registration
(ii) where the mortgage or charge is created in the Colony of mortgages but comprises property outside the Colony, or where, in the case of a China company, the mortgage or charge is created within the limits of the China Orders in Council but comprises property outside the limits of the China Orders in Council, the instrument creating or purporting to create the mortgage or charge may be sent for registration, notwithstanding that further proceedings may be necessary to make the mortgage or charge valid or effectual according to the law of the country in which the property is situate; and
First
Schedule Table B.
(iii) where a negotiable instrument has been given to secure the payment of any book debts of a company, the deposit of the instrument for the purpose of securing an advance to the company shall not for the purposes of this section be treated as a mortgage or charge on those book debts; and
(iv) the holding of debentures entitling the holder to a charge on land shall not be deemed to be an interest in land.
(2) The Registrar of Companies shall keep, with respect to each company, a register in the prescribed form of all the mortgages and charges created by the company after the commencement of this Ordinance, and requiring registration under this section, and shall, on payment of the prescribed
0.
a
be
Pi
ag
fo
to
an
re
th
all
110
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