Secretarial practice

Bibliographic data

Monograph

Identifikator:: 1828236004

URN:: urn:nbn:de:zbw-retromon-249926

Document type:: Monograph

Title:: Secretarial practice

Edition:: fourth edition

Place of publication:: Cambridge

Publisher:: W. Heffer & Sons Ltd

Year of publication:: 1930

Scope:: viii, 987 Seiten

Digitisation:: 2022

Collection:: Economics Books

Usage license:: Get license information via the feedback formular.

Chapter

Document type:: Monograph

Structure type:: Chapter

Title:: Chapter XXIII. Statuory companies

Collection:: Economics Books

304 SECRETARIAL PRACTICE the provisions of this or the special Act.” The transmission is to be authenticated by a declaration in writing of a formal character, ‘or in such other manner as the directors shall require.’ S. Ig requires the declaration, in the case of trans- mission by will or on intestacy to be produced to the secretary, together with probate or letters of administration, or an official extract therefrom. Upon the declaration being left with the secretary, he is to enter the name of the person entitled by transmission on the register of shareholders s. 18]. It is incorrect and contrary to the Act for any mention of a representative capacity to appear on the register of a statutory company, or for the company to recognise the representative capacity in any way. Upon production of probate or letters of administration, the secretary is to make an entry of the declaration in the register of transfers. In the absence of a declaration, it appears that a form of request by the executors or administrators to be entered on the register should be required [Buchan’s Case (1879), 4 A.C. 549; and see Form 25]. The declaration itself, if produced, is probably sufficient evidence of a request. The practical result of the words, ‘or in such other manner as the directors shall require,’ seems to be that the secretary of a statutory company in satisfying himself as to the right of a representative, shall require the same evidence as is required by the secretary of a company under the Companies Acts. If probate be granted to the attorney of an executor, he should be registered as the holder of the stock in his personal capacity, without any reference to his capacity as an attorney or executor. It follows from the fact that a person entitled by trans- mission is, upon proper evidence being furnished, entitled to be registered, that if an executor or administrator is also the beneficiary, he can be registered without a transfer being executed. Since executors, when entered upon the register, pursuant to s. 18, become joint shareholders in their individual capaci- ties, a transfer by them must be executed by all the executors [Barton v. London & North Western Railway (1889), 24 Q.B.D. 77]. Should the register of a statutory company require to be altered in consequence of a change of name, whether by marriage, acquisition of title or otherwise, similar evidence should be required as in the case of an ordinary limited company.

Access restriction

Copyright

fullscreen: Secretarial practice

Monograph

Chapter

Table of contents

Download

Monograph

Chapter

This page

Image fragment

Citation links

Citation recommendation