(1984 Ed.]
Companies
[CAP. 32
87
Provided that the deposit of any debentures as security for any debt of the company shall not for the purposes of this subsection be treated as the issue of the debentures at a discount.
(9) In this Part-
"charge" includes mortgage;
"the fixed date" means in relation to the charges specified in paragraphs (a) to (f), both inclusive, of subsection (2), 1 January 1912, and in relation to the charges specified in paragraphs (g) to (i), both inclusive, of the said subsection, the commencement of this Ordinance.
81. (1) It shall be the duty of a company to send to the Registrar for registration the particulars of every charge created by the company and of the issues of debentures of a series, requiring registration under section 80, but registration of any such charge may be effected on the application of any person interested therein.
(2) Where registration is effected on the application of some person other than the company, that person shall be entitled to recover from the company the amount of any fees properly paid by him to the Registrar on the registration.
(3) If any company makes default in sending to the Registrar for registration the particulars of any charge created by the company, or of the issues of debentures of a series, requiring registration as aforesaid, then, unless the registration has been effected on the application of some other person, the company and every officer of the company who is in default shall be liable to a default fine of $1,000. (Amended, 6 of 1984, s. 47)
82. (1) Where a company acquires any property which is subject to a charge of any such kind as would, if it had been created by the company after the acquisition of the property, have been required to be registered under this Part, the company shall cause the prescribed particulars of the charge, together with a copy (certified in the prescribed manner to be a correct copy) of the instrument, if any, by which the charge was created or is evidenced, to be delivered to the Registrar for registration in manner required by this Ordinance within 5 weeks after the date on which the acquisition is completed:
Provided that, if the property is situate and the charge was created outside Hong Kong, 5 weeks after the date on which the copy of the instrument could in due course of post, and if dispatched with due diligence, have been received in Hong Kong shall be substituted for 5 weeks after the completion of the acquisition as the time within which the particulars and the copy of the instrument are to be delivered to the Registrar. (Amended, 1 of 1949, s. 9 and 6 of 1984, ss. 48 & 259)
Duty of company to register charges created by company. 1929 c. 23. s. 80.
Duty of company to register charges existing on property acquired.
1929 c. 23, s. 81.
Page 345
Page 346
(
1984 Ed.]
Companies
[CAP. 32
87
Provided that the deposit of any debentures as security for any debt of the company shall not for the purposes of this subsection be treated as the issue of the debentures at a discount.
(9) In this Part-
"charge" includes mortgage;
"the fixed date" means in relation to the charges specified in paragraphs (a) to (ƒ), both inclusive, of subsection (2), 1 January 1912, and in relation to the charges specified in para- graphs (g) to (i), both inclusive, of the said subsection, the commencement of this Ordinance.
81. (1) It shall be the duty of a company to send to the Registrar for registration the particulars of every charge created by the company and of the issues of debentures of a series, requiring registration under section 80, but registration of any such charge may be effected on the application of any person interested therein.
(2) Where registration is effected on the application of some person other than the company, that person shall be entitled to recover from the company the amount of any fees properly paid by him to the Registrar on the registration.
(3) If any company makes default in sending to the Registrar for registration the particulars of any charge created by the com- pany, or of the issues of debentures of a series, requiring registration as aforesaid, then, unless the registration has been effected on the application of some other person, the company and every officer of the company who is in default shall be liable to a default fine of $1,000. (Amended, 6 of 1984, s. 47)
82. (1) Where a company acquires any property which is subject to a charge of any such kind as would, if it had been created by the company after the acquisition of the property, have been required to be registered under this Part, the company shall cause the prescribed particulars of the charge, together with a copy (certified in the prescribed manner to be a correct copy) of the instrument, if any, by which the charge was created or is evidenced, to be delivered to the Registrar for registration in manner required by this Ordinance within 5 weeks after the date on which the acquisition is completed:
Provided that, if the property is situate and the charge was created outside Hong Kong, 5 weeks after the date on which the copy of the instrument could in due course of post, and if dispatched with due diligence, have been received in Hong Kong shall be substituted for 5 weeks after the completion of the acquisition as the time within which the particulars and the copy of the instrument are to be delivered to the Registrar. (Amended, 1 of 1949, s. 9 and 6 of 1984, ss. 48 & 259)
Duty of company to register charges created by company. 1929 c. 23. s. 80.
Duty of company to register charges existing on property acquired.
1929 c. 23, s. 81.
(
(
Page 345Page 346
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