1964_COMPANIES_ORDINANCE — Page 356

Companies

[1984 Ed.

Inspection of register of members.

1929 c. 23, s. 98.

Consequences of failure to comply with requirements as to register owing to agent's default.

1948 c. 38. s. 114.

(c) the date of the issue of the warrant.

warrant

(2) The bearer of a share warrant shall, subject to the articles of the company, be entitled, on surrendering it for cancellation, to have his name entered as a member in the register of members.

(3) The company shall be responsible for any loss incurred by any person by reason of the company entering in the register the name of a bearer of a share warrant in respect of the shares therein specified without the warrant being surrendered and cancelled.

(4) Until the warrant is surrendered, the particulars specified in subsection (1) shall be deemed to be the particulars required by this Ordinance to be entered in the register of members, and, on the surrender, the date of the surrender must be entered.

(5) Subject to the provisions of this Ordinance, the bearer of a share warrant may, if the articles of the company so provide, be deemed to be a member of the company within the meaning of this Ordinance, either to the full extent or for any purposes defined in the articles.

98. (1) Except when the register of members is closed under the provisions of this Ordinance, the register, and the index of names, of the members of a company shall during business hours (subject to such reasonable restrictions as the company in general meeting may impose, so that not less than 2 hours in each day be allowed for inspection) be open to the inspection of any member without charge and of any other person on payment of $1, or such less sum as the company may prescribe, for each inspection. (Replaced, 6 of 1984, s. 61)

(2) Any member or other person may require a copy of the register, or of any part thereof, on payment of 25 cents, or such less sum as the company may prescribe, for every 100 words or fractional part thereof required to be copied. The company shall cause any copy so required by any person to be sent to that person within a period of 10 days commencing on the day next after the day on which the requirement is received by the company.

(3) If any inspection required under this section is refused or if any copy required under this section is not sent within the proper period, the company and every officer of the company who is in default shall be liable in respect of each offence to a default fine. (Amended, 22 of 1950, Schedule; L.N. 137/81 and 6 of 1984, s. 61)

(4) In the case of any such refusal or default, the court may by order compel an immediate inspection of the register and index or direct that the copies required shall be sent to the persons requiring them.

98A. Where, by virtue of proviso (b) to section 95(2), the register is kept at the office of some person other than the company, and by reason of any default of his the company fails to comply with subsection (3) of that section, section 96(2A) or section 98 or with any requirements of this Ordinance as to the production of the register...