1964_COMPANIES_ORDINANCE — Page 338

80

CAP. 32]

Companies

[1984 Ed.

Company's register of debenture

holders.

[cf. 1948 c. 38, s. 86.]

Construction of provision of instrument relating to form of register of debenture holders. 1976 c. 47, s. 3(2).

Special Provisions as to Debentures

74A. (1) Any company which issues a series of debentures or debenture stock not transferable by delivery shall keep a register of the holders of such debentures or debenture stock, and shall enter therein the following particulars—

(a) the names and addresses, and the occupations or descrip- tions, of the holders (and in the case of a Chinese holder who has signed in Chinese characters any document relat- ing to the debentures or debenture stock held by him, or who has, by adding Chinese characters after his name on such document or by other means, indicated that he wishes the Chinese characters to be entered in the register, his name both in English and in Chinese characters) and a statement of the amount of such debentures or debenture stock held by each holder;

(b) the date at which each person was entered in the register as

the holder of such debentures or debenture stock;

(c) the date at which any person ceased to be a holder of any

such debentures or debenture stock.

(2) The register of holders of debentures of a company shall be kept-

(a) at the registered office of the company; or

(b) if the work of making it up is done at an office of the company other than the registered office of the company, at that other office; or

(c) if the company arranges with some other person for the making up of the register to be undertaken on behalf of the company by that other person, at the office of that other person at which the work is done,

so, however, that it shall not be kept at a place outside Hong Kong. (3) Every company shall send notice to the Registrar in the prescribed form of the place where the register required to be kept by the company under this section is kept, and of any change in that place.

(4) Where a company makes default in complying with sub- section (1) or (2) or makes default for 14 days in complying with subsection (3), the company and every officer of the company who is in default shall be liable to a default fine of $500.

(Added, 6 of 1984, s. 41)

74B. Any provision of an instrument made by a company which requires a register of holders of debentures of the company to be kept in a legible form shall be construed as requiring the register to be kept either-

(a) in a legible form; or