1964_COMPANIES_ORDINANCE — Page 332

74

CAP. 32]

Duties of company with respect to issue of certificates. 1929 c. 23. s. 67.

Certificate to be evidence of title.

1929 c. 23, s. 68.

Procedure for replacement of lost certificate.

Companies

[1984 Ed.

(ii) the certification is signed by a person authorized, or having apparent authority as agent, to certificate transfers on the company's behalf or by any officer or servant either of the company or of a body corporate so authorized or having such apparent authority;

(c) a certification shall be deemed to be signed by any person

if-

(i) it purports to be authenticated by his signature or initials (whether handwritten or not); and

(ii) it is not shown that the signature or initials was or were placed there neither by himself nor by any person authorized, or having apparent authority as agent, to use the signature or initials for the purpose of certificating transfers on the company's behalf.

(Added, 6 of 1984, s. 36)

70. (1) Every company shall, within 2 months after the allot- ment of any of its shares, debentures, or debenture stock, and within 2 months after the date on which a transfer of any such shares, debentures, or debenture stock, is lodged with the company, com- plete and have ready for delivery the certificates of all shares, the debentures, and the certificates of all debenture stock allotted or transferred, unless the conditions of issue of the shares, debentures, or debenture stock otherwise provide. The expression transfer for the purpose of this subsection means a transfer duly stamped and otherwise valid, and does not include such a transfer as the company is for any reason entitled to refuse to register and does not register.

(2) If default is made in complying with this section, the company and every officer of the company who is in default shall be liable to a default fine. (Replaced, 6 of 1984, s. 37)

(3) If any company on whom a notice has been served requir- ing the company to make good any default in complying with the provisions of subsection (1) fails to make good the default within 10 days after the service of the notice, the court may, on the application of the person entitled to have the certificates or the debentures delivered to him, make an order directing the company and any officer of the company to make good the default within such time as may be specified in the order, and any such order may provide that all costs of and incidental to the application shall be borne by the company or by any officer of the company responsible for the default.

71. A certificate, under the common seal of the company or the seal kept by the company under section 73A, specifying any shares held by any member, shall be prima facie evidence of the title of the member to the shares.

(Amended, 6 of 1984, s. 38)

71A. (1) Any person who is a registered holder of shares in a company or who claims to be entitled to have his name entered in the register of members of a company in respect of shares in that