Full text: Secretarial practice

SECRETARIAL PRACTICE 
charitable purposes, law and other societies, social clubs 
supported by the subscriptions of their members and not formed 
for purposes of profit, and other companies of a like nature, 
which, while not requiring a trading capital, desire to have the 
advantages conferred by incorporation. These companies 
sometimes obtain the licence of the Board of Trade to dis- 
pense with the word ‘limited.’ (S. 18.) Such licence can be 
revoked: and if revoked, the word ‘Limited’ will be added to 
the name of the company, the company will cease to enjoy the 
privileges conferred by s. 18 and, in the case of a company 
the name of which contains the words ‘chamber of commerce,’ 
the company must change its name to a name which does 
not include those words within six weeks of the revocation or 
such longer period as the Board of Trade may allow. [Ss. 
18 (4), (5) and 19 (3).] 
The amounts guaranteed are in the nature of reserve 
liability (compare s. 49) and cannot be charged [re Irish 
Club Co. (1906), W.N. 127]. 
Companies limited by guarantee and having a share capital 
are not common, since they offer no advantages over a 
company limited by shares in the usual way. 
Unlimited companies are also far from common, since they 
furnish small attraction either to the ordinary trader or to 
the ordinary investor. They do not attract ad valorem duty 
on their capital. 
The vast majority of registered companies being companies 
limited by shares, it is not thought necessary in the following 
pages to refer specially to the other classes of companies. 
But it must be borne in mind that, unless the provisions of 
any particular section of the Act are expressly limited to any 
particular class or classes of companies, they are of general 
application. Thus s. 5 of the Act (as to alteration of memo- 
randum) and s. 112 of the Act (as to the annual general 
meeting) apply to all the descriptions of companies which 
are authorised to register; whilst s. 113 (as to the statutory 
meeting) applies only to companies limited by shares and to 
companies limited by guarantee which have a share capital, 
and s. 103 (as to keeping a dominion register) applies only 
to companies having a share capital, 7.e. to companies limited 
by shares and also to guarantee companies and unlimited 
companies if they have a share capital. It should also be 
borne in mind that many provisions which formerly applied 
only to companies limited by shares now apply also to com- 
panies limited by guarantee and having a share capital, 
e.0. S. 42 as to return of allotments. (See below, p. 50.)
	        
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