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(4) If anyone is charged by having an offence beneath subsection (three), This is a defence to ascertain the member or member’s individual representative (as the situation could be) had Earlier manufactured A different demand for the document concerned and had been furnished which has a copy from the document. Area: 436 Prerequisite in reference to publication of monetary statements and so forth.
(3) For the needs of the Division, shares that an associate of the repurchasing company, or a nominee to the repurchasing company’s behalf, retains, or has contracted, unconditionally or matter to disorders becoming happy, to buy back, whether or not in the date of the general offer you or subsequently, usually are not to get regarded as shares to which that supply relates, even if that offer extends to Those people shares. This subsection has effect subject matter to subsection (four). (four) For the reasons of the Division, in which, after a general present is produced but ahead of the end from the provide period, an associate of your repurchasing company, or maybe a nominee on the repurchasing company’s behalf, purchases back again, or contracts unconditionally to buy back again, any of your shares to which the present relates, the shares are to become viewed as shares to which the offer you relates if— (a) the value of the thing to consider for which the shares are acquired back again, or contracted to become purchased again, at the time of the acquire-back or deal, does not exceed the value of your thing to consider specified in the terms of the provide; or (b) Those people conditions are subsequently revised to make sure that when the revision is announced, the worth on the thought for which the shares are bought again, or contracted to become purchased back, at some time of your obtain-back again or deal, now not exceeds the worth with the consideration specified in These terms. (five) To the reasons of the Division, the shares held by a nontendering member are usually not to be considered to be shares to which the general give relates, even if that offer extends to All those shares. Area: 710 Revised offer never to be considered contemporary offer you L.N. 163 of 2013 03/03/2014 For the purposes of the Division, a revision with the conditions of an offer to get again shares is to not be considered the creating of a clean offer you if— (a) the terms from the provide make provision for— (i) their revision; and (ii) acceptances about the prior conditions for being handled as acceptances around the revised conditions; and (b) the revision is manufactured in accordance with that provision.
Cap 622 - Companies Ordinance 106 (a) the company’s registered Office environment; or (b) a location prescribed by laws built beneath segment 657. (2) A company ought to notify the Registrar of the spot at which the sign up of debenture holders is kept. The discover needs to be in the required form and sent to the Registrar for registration in fifteen times once the sign up is first held at that location. (3) A company ought to notify the Registrar of any change (apart from a change with the handle of your company’s registered Office environment) from the spot at which the sign up of debenture holders is saved. The notice need to be in the required sort and sent to the Registrar for registration within fifteen days following the change. (4) Subsection (2) won't require a company to inform the Registrar with the position at which the register of debenture holders is kept— (a) if, in the situation of a register that came into existence on or once the commencement date* of this Division, it's at all times been held within the company’s registered Business office; or (b) if— (i) instantly just before that commencement day*, the company held a sign-up for your reasons of portion 74A with the predecessor Ordinance; and (ii) on and following that commencement date*, that sign up is retained for a sign up of debenture holders for the applications of part 308(1) with the position at which it absolutely was held promptly right before that commencement day*.
Sections ninety and 348C(3) in the predecessor Ordinance, as in drive instantly prior to their repeal— (a) proceed to apply in relation to some ask for obtained by a company prior to the commencement day* of part 355 for inspecting a sign-up of expenses or copies of devices developing a demand; and
(5) When the takeover present gives that the holder of shares is always to get shares in or debentures in the offeror, using an option to obtain Another thing to consider for being supplied by a third party alternatively, the offeror may well point out from the observe which the conditions of your takeover supply involve the choice. (6) If your offeror isn't going to point out inside the observe the conditions on the takeover offer contain the option, the offeror could offer during the detect a corresponding choice to get Various other consideration to become provided by the offeror. (seven) For the applications of subsection (5), thing to consider is usually to be viewed as staying provided by a third party if it is produced accessible to the offeror on conditions that it is for use via the offeror as thought for your takeover provide. Segment: 695 Offeror’s right to acquire out minority shareholders L.N. 163 of 2013 03/03/2014 (1) This segment applies if a detect is provided less than part 693 to your holder of any shares. (2) Except the Court will make an purchase under subsection (three), the offeror is entitled and certain to amass the shares to the conditions with the takeover provide. (3) The Court could, on software through the holder designed inside of two months following the date on which the see was provided, buy that— (a) the offeror just isn't entitled and sure to accumulate the shares; or (b) the offeror is entitled and certain to acquire the shares about the terms laid out in the order. (4) To the applications of subsection (two)— (a) if the takeover present falls in just part 694(4), the terms on the takeover supply are being regarded as including the particulars and statements included in the see for the needs of that portion; (b) Should the takeover supply falls inside part 694(five), the phrases of the takeover offer are to get regarded as not including the choice Except if the offeror suggests usually in the detect; and
(two) Within this Division, a reference to the earlier member of the company includes the personal representative of the one who, right away ahead of the person’s Loss of life, was a earlier member with the company.
Cap 622 - Companies Ordinance 173 (a) to eliminate a director; or (b) to appoint someone instead of a director so removed within the Assembly at which the director is eliminated. Note— See also section 578 which sets out the company formation software requirements regarding Distinctive recognize. (5) A vacancy created via the removal of a director, if not stuffed at the meeting at which the director is taken out, might be stuffed as a casual vacancy. (six) An individual appointed director in place of a removed director will be to be regarded, for the goal of analyzing enough time at which that individual or any other director will be to retire, as though that human being had turn out to be director within the working day on which the individual eradicated was past appointed a director. (seven) In relation into a resolution to get rid of a director ahead of the stop of the director’s phrase of Office environment, no share might, over a poll, carry a increased amount of votes than it might carry in relation for the generality of issues being voted on at a basic Assembly of the company. (8) If a share carries Exclusive voting rights (that is definitely to state, rights distinct from People carried by other shares) in relation to some matters but not Other people, the reference in subsection (seven) on the generality of matters to get voted on in a general Assembly on the company will be to be construed like a reference on the matters in relation to which the share carries no Unique voting legal rights. (nine) This portion is never to be thought to be depriving anyone of payment or damages payable to the person in regard from the termination of— (a) the person’s appointment as director; or (b) any appointment terminating with that as director. Portion: 463 Director’s proper to protest towards removal L.N. 163 of 2013 03/03/2014 (1) On receipt of detect of the resolution below section 462(four) to eliminate a director, the company ought to forthwith send a replica of the discover towards the director involved. (two) The director (whether or not a member of the company) is entitled to become heard about the resolution at the Assembly at which the resolution is voted on.
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私隱政策
隨着「唯一業務識別碼」的實施，「商業登記號碼」已取代「公司註冊編號」，作為搜尋及識別公司或實體的關鍵編號。「電子服務網站」的電子查冊服務將提供快速查冊功能，便利用戶以「公司註冊編號」搜尋在「唯一業務識別碼」實施前成立或註冊的公司或實體相應的「商業登記號碼」，反向搜尋亦可。
(5) For your uses of subsection (1)(b)(ii), a reference to the best to appoint or get rid of a the greater part of a board of administrators is often a reference to the proper to appoint or take out directors holding a the greater part of the voting rights at meetings of the administrators on all issues or on substantially all matters. (6) For that purposes of subsection (5)— (a) in identifying whether an enterprise has the appropriate to appoint or eliminate a director, a correct which is exercisable only with An additional individual’s consent is usually to be disregarded Until no other particular person has the correct; and (b) an endeavor has the appropriate to appoint a director if— (i) it necessarily follows from anyone’s appointment as being a director in the enterprise that the person is appointed like a director of that other enterprise; or (ii) the directorship is held through the enterprise alone. (seven) With the functions of subsection (2), an enterprise doesn't have any appropriate to workout a dominant influence more than A different undertaking Except— (a) it has a suitable to offer Instructions with regard to your working and economic procedures of that other undertaking; and (b) that other enterprise’s administrators are, or simply a the greater part of them is, obliged to adjust to the directions, whether or not the Instructions are for that other endeavor’s gain. three. Provisions supplementary to segment two of this Agenda
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