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 note- 
worthy :— 
"© Any five or more persons may form a limited or un- 
limited 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 incorpora- 
tion of the company. A foreign company 
must have an office in the State where docu- 
ments 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 publica- 
tionlegal 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 provi- 
sions relating to share warrants to bearer. 
‘No-liability’ Companies. The provisions re- 
lating to ‘no-liability’ companies are substan- 
tially 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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