CAP. 32] Companies. [s. 338 cont.]
Of such notice the name of the company mentioned therein will, unless the said fine or penalty be sooner paid, be struck off the register and the company will be dissolved.
Saving as to private prosecutors.
(2) 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 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. [340]
339. Nothing in this Ordinance relating to the institution of criminal proceedings by the Attorney General shall be taken to preclude any person from instituting or carrying on any such proceedings. 19 & 20 Geo. 5, c. 23, s. 368.
Saving for privileged communications.
[341]
340. Where proceedings are instituted under this Ordinance against any person by the Attorney General, nothing in this Ordinance shall be taken to require any... 19 & 20 Geo. 5, c. 23, s. 369.
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1
CAP. 32]
Companies.
[s. 338 cont.] of such notice the name of the company mentioned therein will, unless the said fine or penalty be sooner paid, be struck off the register and the company will be dissolved.
Saving as to private prosecutors.
(2) 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 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. [340
339. Nothing in this Ordinance relating to the institution of criminal proceedings by the Attorney General shall be 19 & 20 Geo. 5, taken to preclude any person from instituting or carrying
on any such proceedings.
c. 23, s. 368.
Saving for privileged
[341
340. Where proceedings are instituted under this Ordinance against any person by the Attorney General 19 & 20 Geo. 5, nothing in this Ordinance shall be taken to require any
communi-
cations.
c. 23, s. 369.
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