Public
Trustee.
Attestation,
76
SECRETARIAL PRACTICE
That the signature of the transferor not only agrees with
the description entered at the head of the deed, but also,
if possible, with his signature when previously accepting
the shares;
That it is properly witnessed and dated;
[hat there is no notice in lieu of distringas, or other charge
upon the stock or shares therein referred to, or anything
which would otherwise invalidate the transfer;
And, finally, that the deed is properly stamped.
Unless the occupations of transferees are known, the annual
summary cannot be fully made out. A transfer may be
accepted, although material parts of it are typewritten. If
the name of the transferee has been altered, or another name
substituted, the transfer should be refused, unless it is accom-
panied by a satisfactory written explanation and statement
that there has been no sub-sale, or a satisfactorv letter of
indemnity.
In the case of transfers to a corporate body, the secretary
should require that the memorandum and articles be lodged
to show that the corporate body is duly empowered to hold
shares, and also to show how the seal is to be affixed. Trans-
fers to a partnership firm as such should not be registered
[Vagliano Anthracite Collieries (1910), W. N. 187].
The Public Trustee, if separate accounts are necessary,
may be registered with a number, or a letter and number,
e.g. ‘The Public Trustee, Account No. 3,” or ‘The Public
Trustee 4; A 40.” Any introduction of a name, e.g. ‘The
Public Trustee, re John Jones,” would appear to be contrary
to the provisions of s. 101 of the Act, which forbids notice
of any trust being entered on the register.
If a transfer signed by the registered holder is presented
after the death of the transferor and is in order in every
detail, the transfer should be accepted for registration.
But if probate or letters of administration have been registered
or the company has otherwise received notice of his death,
the secretary should give notice of the lodgment of the transfer
to the personal representatives, and a reasonable time should
be allowed for objection, if any, to be lodged. Naturally,
if the shares have already been transferred to the executors
or adminstrators in their personal capacity, the transfer
should not be accepted. :
As regards attestation, a transfer executed out of the
United Kingdom should not be accepted if it is attested by
anyone other than H.M. consul, a clergyman, justice of the
peace, or notary public, unless the signature is guaranteed