Full text: Secretarial practice

PROSPECTUS AND ALLOTMENT 51 
(2) Where such a contract as above mentioned is not 
reduced to writing, the company shall within one month after 
the allotment deliver to the Registrar for registration the 
prescribed particulars of the contract stamped with the same 
stamp duty as would have been payable if the contract 
had been reduced to writing, and those particulars shall be 
deemed to be an instrument within the meaning of the 
Stamp Act, 1891, and the Registrar may, as a condition of 
filing the particulars, require that the duty payable thereon 
be adjudicated under section twelve of that Act. 
It will be noticed that not only has the contract with the 
company under which the shares are allotted, fully or partly 
paid up, to be filed, but also the contract constituting the 
title of each allottee. As regards the statement of the con- 
sideration, it appears that it will suffice if it is stated generally 
(the nature of the consideration being disclosed), as was re- 
quired to be done under section 25 of the Companies Act, 
1867, repealed in 1900 [Frost & Co. (1899), 2 Ch. 207]. 
The Court is enabled to grant relief in certain cases of 
omission to deliver to the Registrar any document required 
by this section to be delivered. The relief may apparently 
be granted in three cases, ¢.e. when the Court is satisfied 
(1) that the omission to deliver was accidental, or (2) that 
it was due to inadvertence, or (3) that it is just and equitable 
to grant relief [s. 42 (3)]. 
It must be remembered that the omission to deliver the 
contract or particulars does not render the allottee liable to 
pay for the shares in cash, as was the case under s. 25 of the 
Companies Act 1867 (repealed by s. 33 of the Act of 1900), 
but only exposes the officers of the company to penalties, 
so that the relief is merely against the penalties. 
It will be convenient here to note that under the new Act 
the Court is empowered to order the company and any 
officer thereof to make good any default in filing any return 
or other document with the Registrar within the time limited 
by the order and that any order so made will be without 
prejudice to any liability to penalties under any other section 
(s. 315]. The company or any of its officers responsible for 
the default may be ordered to bear the costs of the applica 
tion to the Court for such an order. 
A formal prospectus is always accompanied by appropriate Application 
application forms. A form of application requires to be for Shares. 
carefully prepared, and may have attached to it a form of 
receipt for the application money, if it is desired to issue 
a receipt. It is more usual, especially in the case of large 
public issues, for the application forms to contain a footnote
	        
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.