Companies Act 1893 Amendment Act 1897 amendment (1898) (WA)

natant quotralia.

ANNO SEXAGESIMO SECUNDO

VICTORIA: REGINA:.

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No. XXVIII.

AN ACT to amend the Companies Act, 1893,

Amendment Act, 1897.

[Assented to, 2gt1 October, 49g.]

HEREAS it is expedient to amend the Companies Act, 1893,

WAmendment Act, 1897: Be it enacted by the Queen's Most

Excellent Majesty, by and with the advice and consent of the Legis- lative Council and Legislative Assembly of Western Australia, in this present Parliament assembled, and by the authority of the same, as follows :—

1.     SECTION one of the Companies Act, 1893, Amendment Amendment of See.

Act, 1897, is hereby amended, by striking out all the words after 1 of 61 Viet., No. 35.

" Secretary " in the last paragraph thereof, and by inserting the

following words in lieu thereof:—" whether appointed by power of attorney or otherwise, or any person for the time being discharging any of such offices in the said Colony."

2. SECTION two of the Companies Act, 1893, Amendment of See. 2 of

Act, , 189 7, is hereby repealed. re l 61 Viet., No. 35,

62" vierromiE No. 28.

Companies A rt—Arn endment.

3.      THE, attorney of every foreign company carrying on business

Local register to be in this Coloiv shall, in the case of companies carrying on businesskept by foreign companies. therein at the time of the passing of this Act, within two calendar

months from such time. and, as to all other companies so carrying on business at any time after the passing of this Act, within two calendar months from the registration of the company in the Colony, open, keep, and maintain. or cause to be opened, kept, and maintained, at the registered office of the said company in the Colony, a Register of Shareholders under this Act, to be called a Colonial Register, for the registration of all shareholders in such company who may apply in writing to such attorney to be registered therein.

Every such register shall be kept in the manner provided by Part III. of the Companies Act, 1893, and transfers shall be effected on such register in the same manner and at the same charges as on the register kept at the head office of the company, and transfers lodged in the colonial office of the company shall be binding upon the company, and the Court shall be entitled to exercise the same jurisdiction of rectifying the same as is by Section Thirty-six of the said Act vested in such Court with respect to a register of a company incorporated in the Colony.

Every such foreign company refusing to register a shareholder in compliance with this section shalt incur a penalty not exceeding Five pounds for every clay during which such non-compliance con- tinues ; and every attorney of such company who, in the Colony, knowingly and wilfully authorises or permits such non-compliance shall incur the like penalty.

ALL notices of general or extraordinary meetings, required by law to be issued to shareholders upon the register of the company, shall (in case it shall be proposed at such meetings to reconstruct the company, issue uncalled or additional shares, or issue debentures, or sell, mortgage, or otherwise deal with any of the company's assets in such a way as to affect the interest of the colonial shareholders) be issued from the registered office of the company within the Colony, in the case of companies whose head office is in any other Colony in Australasia, not less than one month, and in the case of other companies, not less than two months before the date of such meeting.

Notices of /nee 4.

ON the application of any shareholder on the Colonial Regis-

ter, his shares shall be transferred to the register of the head office

of the company.

Transfer of shares. 5.

A COPY of the transfer register of the company shall be kept at the registered office of the company in the Colony, and all alterations of such register shall, within a reasonable time, be entered upon the Colonial Register.

6.

Copy of transfer

register to be kept.

62" VICTORLE, No. 28.

Companies Act—Amendment

7.     WHENEVER a new incorporated company is formed by

Exemption

reconstruction upon the basis of a sale by the liquidator of a pre- ityfroT

existing company to the new company, it shall be lawful for the reconstruction, wholly or partially, any instrument whereby the assets of the pre- existing company are transferred to the new company.

8.     THE first six sections of this Act shall only apply to

Limitation of anon-

Companies engaged in the business of mining, or the acquiring

cation of Act.

cutting, or selling of indigenous timber, or the buying or selling of

land in Western Australia.

In the name and on behalf of the Queen I hereby assent

to this Act.

ALEX. C. ONSLOW, Governor's Deputy

By Authority : A. CURTIS, Acting Government Printer, Perth,