Full text: Secretarial practice

TRANSFER AND TRANSMISSION OF SHARES 65 
sut juris and entitled to the whole beneficial interest in the 
shares, his personal obligation is not confined to the extent 
of the trust property [Hardoon v. Belilios (1901), A.C. 118]. 
This right to an indemnity cannot be enforced while it is 
uncertain whether calls will be made [Hughes-Hallett v. Indian 
Mammoth Mines (1882), 22 Ch. D. 561], but can be enforced 
if there is evidence that calls will be made [Hobbs v. Wavyet (1887 
36 Ch. D. 256]. 
Reference has to be made to the share register more often 
probably than to any other statutory book of the company, 
but prior to the Act of 1928, there was no statutory obligation 
to keep an index to the register. Now under s. gb of the Act 
of 1929 every company having more than fifty members 
must, unless the register is in such form as to constitute 
in itself an index, keep an index (which may be in the form 
of a card index) of the names of its members. The index 
must enable the account of each member in the register 
to be readily found, and in the event of any alteration in 
the register of members, the company must, within 14 days 
thereafter, make any necessary alteration in the index. 
It is often a source of trouble to the secretary to find a simple 
and reliable method of index to the register, and at the same 
time, especially in companies having an extensive register, a 
method whereby reference to the register itself is minimised 
by the recording of the various notes relative to any particular 
account in such index. Probably the most usual form is 
for the register to contain all the necessary particulars, in- 
cluding not only the address of the shareholder as originally 
registered, but also the various changes of his address from 
time to time, together with a note as to payment of dividend, 
and special instructions as to the sending of reports and 
statements, notes with regard to orders of Court, notice in 
lieu of distringas, powers of attorney, etc., with a simple 
index of the name with the folio in the share register. 
This method is doubtless sufficient in a small company 
where the clerk handling the books readily acquires an 
intimate knowledge of the accounts, and can turn up any 
particular account without delay; but on a big register it 
is very cumbersome, and does not lend itself to ready handling 
when there is work in hand requiring a considerable staff or 
urgent completion. Loose-leaf registers which already are 
widely used by companies of any size will probably be used 
by an increasing number of companies in the future in view of 
the requirements of ss. 96 and 108 of the Act, as thereby 
the register can be kept in absolute alphabetical order To 
Index to 
Share 
Register.
	        
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