304 SECRETARIAL PRACTICE

the provisions of this or the special Act.” The transmission
is to be authenticated by a declaration in writing of a formal
character, ‘or in such other manner as the directors shall
require.’ S. Ig requires the declaration, in the case of transmission
 by will or on intestacy to be produced to the secretary,
together with probate or letters of administration, or an
official extract therefrom. Upon the declaration being left
with the secretary, he is to enter the name of the person
entitled by transmission on the register of shareholders
s. 18]. It is incorrect and contrary to the Act for any
mention of a representative capacity to appear on the register
of a statutory company, or for the company to recognise the
representative capacity in any way. Upon production of
probate or letters of administration, the secretary is to make
an entry of the declaration in the register of transfers. In
the absence of a declaration, it appears that a form of request
by the executors or administrators to be entered on the
register should be required [Buchan’s Case (1879), 4 A.C.
549; and see Form 25]. The declaration itself, if produced,
is probably sufficient evidence of a request.
The practical result of the words, ‘or in such other manner
as the directors shall require,’ seems to be that the secretary
of a statutory company in satisfying himself as to the right
of a representative, shall require the same evidence as is
required by the secretary of a company under the Companies
Acts.

If probate be granted to the attorney of an executor, he
should be registered as the holder of the stock in his personal
capacity, without any reference to his capacity as an attorney
or executor.
It follows from the fact that a person entitled by transmission
 is, upon proper evidence being furnished, entitled
to be registered, that if an executor or administrator is also
the beneficiary, he can be registered without a transfer being
executed.

Since executors, when entered upon the register, pursuant
to s. 18, become joint shareholders in their individual capacities,
 a transfer by them must be executed by all the executors
[Barton v. London & North Western Railway (1889), 24 Q.B.D.
77].
Should the register of a statutory company require to be
altered in consequence of a change of name, whether by
marriage, acquisition of title or otherwise, similar evidence
should be required as in the case of an ordinary limited
company.