Full text : Secretarial practice

DOMINION LEGISLATION—AUSTRALIA 827

The Banking Companies Act, No. 1 of 1837.
The Banking Companies Amendment Act, No. 24 of 1905
The Life Assurance Companies Act, No. 12 of 1889.
The Life Assurance Companies Amendment Act, No. 12 of 1905.
The Insurance Companies Acts, Nos. 19 of 1918 and 34 of 1923.
The following provisions of the Companies Acts are noteworthy
 :—
"© Any five or more persons may form a limited or unlimited
 company or, if formed for mining
purposes, a mno-liability company.
Before registration can be obtained by a no-liability
company, 5 per cent. of the nominal capital
must have been paid up in cash.
The directors of every company must appoint a
secretary who must be present in person, or by
agent or clerk, at the office while it is open to the
public.
S. 158. Unless otherwise provided by the memorandum or
articles, no call may be made in a winding-up
merely for the benefit of vendors’ shares in
order to place them on an equality with shares
said for in cash.
Foreign Companies. By these sections as
amended by the Companies Act Amendment
Acts noted above (which refer exclusively to
foreign companies), it is provided that a foreign
company must appoint an attorney resident
in the Colony empowered to sue and be sued in
any civil or criminal proceedings, and must
file, together with the power of attorney, a
declaration giving details as to the incorporation
 of the company. A foreign company
must have an office in the State where documents
 can be served. Three months’ notice of
tention on the part of a foreign company to
cease business must be given in the Government
Gazette, and for three months after such publicationlegal
 and other documents may be served on
the attorney or at the company’s office. It is
further provided that every foreign company
carrying on business within the State must
zeep a Colonial register. There are no provisions
 relating to share warrants to bearer.
‘No-liability’ Companies. The provisions relating
 to ‘no-liability’ companies are substantially
 the same as in New South Wales (q.v.).
The Dividend Duties Acts apply to every incorporated company
carrying on business in Western Australia (excepting Friendly
Societies and [.ife Assurance companies) Thev provide for the

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