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

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Chapter

Document type:: Monograph

Structure type:: Chapter

Title:: Chapter XXIV. Scottish companies

Collection:: Economics Books

SCOTTISH COMPANIES 307 assumption of new trustees, effect is given in the register to such changes on production to the company of an extract from the Register of Deaths, the Minute of Resignation, or the Deed of Assumption, as the case may be. Where buyers are described in a transfer as office-bearers, e.g. president, secretary, and treasurer, it is usual to add the words ‘and their successors in office’ after the words ‘do hereby bargain, sell, assign, and transfer to the said trans- ferees.” When that is done, all that is usually required, before substituting in the register the name of any new office-bearer for that of an office-bearer who may have died or demitted office, is the production of a certified extract from the minutes of meeting of the company, institution, or society at which such new appointment is made, in some cases supported by a statutory declaration by a responsible person conversant with the facts. Until a recent date married women were under certain legal disabilities which necessitated the consents of husbands being obtained to transfers and other deeds granted by them. This resulted mainly from what was known as the husband's ‘right of administration’ over the wife's property. The Married Women’s Property (Scotland) Act, 1920, which came into force on 23rd December, 1920, has brought about an important change in the law. It is now enacted that after that date the property of a married woman is not to be subject to the right of administration of her husband, which right is by the Act wholly abolished, and a married woman is, with regard to her estate, to have the same powers of disposal as if she were unmarried. It is also provided that any deed or writing executed by her with reference to her heritable estate in Scotland, or to her moveable (i.e. personal) estate, is to be as valid and effectual as if executed by her with consent of her husband according to the former law and practice. It is therefore now unnecessary for a husband to execute a transfer of shares or stock belonging to his wife, whether the wife’s name appears as transferor or as transferee. The Act also provides that a married woman shall be capable of entering into contracts, of in- curring obligations and of suing and being sued, as if she were not married, and that her husband shall not be liable in respect of any contract she may enter into or obligation she may incur on her own behalf. This would cover the case of a wife granting a Letter of Indemnity to a company in respect of a lost share certificate and the issue of a new one in lieu thereof. Married Women.

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