The Westralian Buffalo Club Act 1949 (WA)

1949.] The Westralian Buffalo Club.

THE WESTRALIAN BUFFALO CLUB.

13° Geo. VI.

AN ACT to resolve certain difficulties concerning the legal position of The Westralian Buffalo Club Limited, a Company duly registered under the Companies Act, 1893, and to vest the assets of the Company in an Association to be formed and registered under the Associations Incorporation Act, 1895-194/7, and for other purposes arising out of such difficulties and incidental to such vesting.

[Assented to 14th September, 1949.]

WHEREAS certain difficulties have arisen concerning " the legal position of The Westralian Buffalo Club Limited, a company duly registered under the Companies - Act, 1893, by reason of the omission over a period of years to keep proper records of the shareholders of the Company and of the impossibility of determining who are the present shareholders of the Company; and whereas it is proposed to form and register an Association under the Associations Incorporation Act, 1895-1947, to be known as "The Westralian Buffalo Club Incorporated" for the purpose of carrying on the activities hitherto conducted by the Company; and whereas it is deemed desirable and expedient that such difficulties should be resolved and the assets of the Company vested in such Association when so formed and registered: Be it there- fore enacted by the King's Most Excellent Majesty, by and with the advice and consent of the Legislative Council and Legislative Assembly of Western Australia, in this present Parliament assembled, and by the auth- ority of the same, as follows:—

1. This Act may be cited as The Westralian Buffalo Short title.

Club Act, 1949.

The Westralian Buffalo Club. [1949.

I nterpreta-

tion. 2. In this Act, if not inconsistent with the context or

subject matter

"Association" means the Association proposed to be registered under the Associations Incorpora- tion Act, 1895-1947, to be known as "The Westralian Buffalo Club Incorporated."

"Club" means The Westralian Buffalo Club Limited, a Company duly registered under the Companies Act, 1893.

"Member" means a financial member of the Club as defined by the Articles of Association.

"Registrar" means the Registrar of Companies under the Companies Act, 1943-1947.

3. For all purposes whatsoever

(a)	the Club shall be deemed to have an authorised nominal capital of £500, divided into 4,000 shares of 2s. 6d. each;
(b)	up to and inclusive of the thirty-first day of May, 1949, there shall be deemed to have been issued out of such nominal capital such number of shares as shall be equal to the number of members on the said date and no more;
(c)	each of such issued shares shall be deemed to be fully paid and each of such members shall be deemed to be the registered holder of one of such shares.

4. Immediately upon

(a) the issue by the Master of the Supreme Court of a Certificate of Incorporation under the Associations Incorporation Act, 1895-1947, in respect of the Association; and

(b) the filing with the Registrar of a statutory declaration by the Secretary of the Club declaring that at a properly convened Special General Meeting of the Club a special resolu- tion within the meaning of the Companies Act, 1943-1947, was passed approving of the vest- ing of the property of the Club under this section,

1949.] The Westralian Buffalo Club.

all property belonging to, or held by any person in trust for, or on behalf of, the Club, and the right of the Club to recover and receive all debts and other choses in action shall, without any conveyance, transfer, or assignment, by force of this Act be vested in the Association; and all liabilities and engagements of the Club at the time of such vesting shall become the liabilities and engagements of the Association, and all uncompleted contracts or engagements theretofore entered into by any person or persons with the Club shall thereafter, to the extent the same shall be undbmpleted, be deemed to have been entered into with the Association and all the members shall become members of the Association without pay- ment of any entrance fee.

5. Upon the vesting of the property of the Club in the Association pursuant to section 4 of this Act, the Club shall be deemed to be dissolved and wound-up and the Registrar shall thereupon strike the Club off the Register of Companies kept by him.