Secretarial practice

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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 XXV. Foreign companies

Collection:: Economics Books

320 SECRETARIAL PRACTICE S. 38 only applies where the original allotment or agreement to allot was made with a view to an offer for sale and does not apply where shares offered were not allotted or agreed to be allotted with a view to an offer for sale to the public. Offers for sale which are outside s. 38 are however, it is believed, covered by s. 356 under which house-to-house canvassing is prohibited and the making of an offer in writing to any member of the public (not being a person whose ordinary business or part of whose ordinary business it is to buy or sell shares, whether as principal or agent) of any shares or debentures is except in certain specified cases illegal unless the offer is accompanied either by such a state- ment in writing as is mentioned in the section or by a pros- pectus complying with Part XII of the Act. The effect of this section is considered on p. 59. Moreover apart from s. 350 it would appear that offers for sale of shares or deben- tures not originally allotted or agreed to be allotted with a view to such offer must, if an application form is sent with the offer, be issued with a prospectus complying with Part XII of the Act. (See s. 354 (1) (b) and observations on s. 35 (3) at p. 59 supra.) i Winding Up. Having regard to the definition of an unregistered company in s. 337 any foreign company can be wound up by the Court unless it was incorporated in Northern Ireland and had its principal place of business there and did not have a principal place of business in either England or Scotland [see ss. 337 and 338 (1)]. Moreover, under s. 338 (2), every foreign company which has been carrying on business in Great Britain but ceases to do so may be wound up as an unregistered company, notwithstanding that it has been dissolved or otherwise ceased to exist as a company under or by virture of the laws of the country under which it was incorporated.

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