1964_COMPANIES_ORDINANCE — Page 357

1984 Ed.]

Companies

[CAP. 32

99

register. that other person shall be liable to the same penalties as if he were an officer of the company who was in default, and the power of the court under section 98(4) shall extend to the making of orders against that other person and his officers and servants.

· Added, 6 of 1984, s. 62)

99. (1) A company may, on giving notice by advertisement in a newspaper circulating generally in Hong Kong, close for any time. or times not exceeding in the whole 30 days in each year-

(a) the register of members of the company or the part thereof

relating to members holding shares of any class:

(b) any register of debenture holders of the company,

(2) The period of 30 days referred to in subsection (1) may be extended in respect of any year-----

(a) in relation to the register (or any part of the register) of members of a company, by an ordinary resolution passed at a general meeting of the company in that year; or

(b) in relation to the register of debenture holders of a com- pany, by a resolution passed in that year by a majority in value of the debenture holders present in person or, where proxies are permitted, by proxy at a meeting summoned for the purpose or otherwise in accordance with the trust deed or other document securing the debentures:

Provided that the said period shall not be extended beyond 60 days in any year.

(3) A company shall, on demand, furnish any person seeking to inspect a register or part of a register which is closed by virtue of this section with a certificate under the hand of the secretary of the company stating the period for which, and by whose authority, it is closed.

(4) If a company makes default in complying with subsec- tion (3), the company and every officer of the company who is in default shall be liable to a fine of $2,000.

Power to close register of members and register of debenture holders.

for 1948 c. 38. ~ U54

(Replaced, 6 of 1984, s. 63)

100. (1) If

(a) the name of any person is, without sufficient cause, entered in or omitted from the register of members of a company;

or

(b) default is made or unnecessary delay takes place in enter- ing on the register the fact of any person having ceased to be a member;

the person aggrieved, or any member of the company, or the company, may apply to the court for rectification of the register.

Power of court to rectify register. 1929 c. 23. s. 100.