Full text: Secretarial practice

SECRETARIAL PRACTICE 
Signatories. 
8. The prescribed fees must be paid to the Registrar of 
Companies (s. 313 and Tenth Schedule). These are 
set out in Appendix A. 
Asregards theabove requirements, the particulars required 
by law to be contained in the memorandum of a company 
limited by shares will be found in Chapter III. The deed 
stamp which the memorandum and the articles are required 
to bear is in each case an impressed stamp of 10s. (see 
Appendix A). 
The names, addresses, and descriptions of the subscribers, 
or signatories, and of the witnesses to their signatures, must 
be fully and clearly set out. 
Women, whether married or single, may be subscribers. 
Foreigners may sign, even though they be resident abroad 
[Princess of Reuss v. Bos (1871), L.R. 5 H.L. 176], and a 
subscriber may sign by an agent [re Whitley Partners Ltd. (1886), 
32 Ch. D. 337], though the Registrar may require evidence 
of the latter’s authority to do so. 
A corporate body, whether British or foreign, may be a 
subscriber and sign by its authorised representative [Whitley 
Partners Lid., 32 Ch. D. 337]; But for the purpose of forming 
the minimum number of subscribers the signature must be 
that of the authorised representative. 
A signatory induced to sign by the misrepresentation of a 
promoter has ro right to rescission against the company, 
seeing that the company did not then exist [Metal Con- 
stituents, Lord Lurgan’s Case (1902), 1 Ch. 707]. 
Since the repeal of the Companies Act, 1867, s. 25, it 
would appear that the subscribers’ shares need not necessarily 
be paid for in cash; for the general liability of a shareholder 
is to pay for his shares in money, or, with the company’s 
consent, in money’s worth [Baglan Hall Colliery Co. (1870), 
5 Ch. App. 346]. 
No limit is imposed by the Act to the number of sharesin a 
company which may be held by a single member, and nothing 
in the Act requires that the subscribers to the memorandum 
shall take a substantial interest in the undertaking; a company 
may therefore consist of one person holding all the shares 
except six, which may be held for him by his nominees 
‘Salomon v. Salomon & Co. (1897), A.C. 22]. It follows 
that in the case of a private company (see Chapter XXII), 
all the shares except one may be held by one person, and 
that the one share may be held by his nominee. 
No formal allotment of shares to a signatory is necessary 
[London & Provincial Coal Co. (1877), 5 Ch. D. 525].
	        
Waiting...

Note to user

Dear user,

In response to current developments in the web technology used by the Goobi viewer, the software no longer supports your browser.

Please use one of the following browsers to display this page correctly.

Thank you.