1950_FIRE_INSURANCE_COMPANIES_ORDINANCE — Page 2

1!

CAP. 35]

[s. 4 cont.]

24 of 1950, Schedule.

24 of 1950, Schedule.

Court may restore the

name of company.

Fire Insurance Companies.

in the Gazette, and on such publication the company whose name is so struck off 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: Provided also that nothing in this subsection shall affect the power of the court to wind up a company the name of which has been struck off the register.

(3) A copy of such notice shall be sent to such company and may either be sent by post or be delivered by hand addressed to the company at its registered office, or if no office has been registered, addressed 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, the notice may be sent or delivered to each of the persons who subscribed the memorandum of associa- tion, addressed to him at the address mentioned in that memorandum, but if none of such addresses is available or if for any other reason the Registrar considers it unlikely that any notice sent in pursuance of this subsection will come to the knowledge of the addressee, it shall be sufficient compliance with this subsection that notice in the Gazette shall have been published in accordance with the preceding subsection.

(4) In the execution of his duties under this section, the Registrar shall conform to any regulations made by the Governor in Council.

5. If any company or member or creditor thereof feels aggrieved by the name of such company having been struck off the register in pursuance of section 4, the company or member or creditor may apply to the court, and the court, if it is satisfied that the company is able to meet its liabilities and pay its debts or otherwise that it is just to do so, may 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 the name thereof had never been struck off; and the court may, by the order, give such directions and make such provisions as may 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 never been struck off.

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