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 VIII. Transfer and transmission of shares

Collection:: Economics Books

TRANSFER AND TRANSMISSION OF SHARES 87 as to domicile is not required. The fees payable are as follows, in the case of probate, letters of administration. or letters of administration with the will annexed: — Effects in Ireland sworn under £20 £50 ys £100 ) ,, atorover £100 .. } Also: Search per year, or part of year (excluding current year) “ Filing notice of application Receipt for grant ue Registrar’s fiat “i .. i. Filing copy will and/or grant .. , Comparing copy with grant, 3d. per folic of go words with a minimum charge o. Stamp Office certificate .. .. . Certificate of bond (if anv) .. .. .. 1. J ’ As regards deceased foreign shareholders, it is necessary for a grant to be taken out in England by an attorney appointed for the purpose by the person entitled. The latter need not necessarily be the administrator in a foreign country, but as a rule the Court will follow the foreign grant. (See Williams on ‘Executors, 11th ed. p. 273.) This procedure of obtaining a fresh grant is in simple cases often followed also in the case of colonial probates, as it is in such cases slightly less expensive than the process of resealing, and mav be found more expeditious. Upon production of probate, without more, a company should not enter the names of the executors upon the register as the holders of the shares. So long ago as 1879, in Buchan'’s Case (4 A.C. 549), in the House of Lords, the then Lord Chancellor, Lord Cairns, laid it down that the names of executors should not be entered on the register without ‘a distinct and intelligent request’ on the part of the executors. But when the regulations, as they commonly do, provide for the executors being entitled to require the company to register them, it is then the duty of the company, upon a request, to enter their names, unaccompanied by any mention of their representative capacity (I. H. Saunders & Co. (1908), 1 Ch. 415]. If this be done, the executors become personally liable on the shares, and the company has nothing to do with the deceased or his estate. Hence the frequent provision in articles that directors shall not be obliged to consent to the 1In the case of letters of administration onlv. Foreign Probates. Letter of Request.

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