NEDERLANDSCHE HANDEL-MAATSCHAPPIJ. ORDINANCE, 1907

NEDERLANDSCHE HANDEL-MAATSCHAPPIJ. ORDINANCE, 1907

No. 10. of 1907.
An Ordinance for giving to the Nederlandsche Handel-
Maatschappij certain facilities foi. carrying on its business
in the Colony.
[26th July 1907.]

WHEREAS a company has been incorporated in the Netherlands
for the transaction of trading, banking and financial
business under the name of the Nederlandsche Handel-
Maatschappij under Royal Decrees of the late King of the
Netherlands whereby the liability of the shareholders is
limited to the amount of their shares respectively : AND
WHEREAS an agency of the said company has been
established in this Colony : AND WHEREAS it appears
that the said company has in accordance with the law of
the Netherlands no common seal and is therefore unable
to exercise divers of the powers which corporations having
common seals can and may exercise: AND WHEREAS it is
expedient to enable the said company to carry on its.
business in this Colony in like manner as though it had
been incorporated under the law of this Colony-

1. This Ordinance may be cited as the Nederlandsche
Handel-Maatschappij Ordinance, 1907.

2. The said company shall be capable in law to take, hold
and dispose of property, movable or immovable, within the
Colony for the purpose of its business,





3.-(1) The said company may sue and be sued and take all
legal proceedings in the courts of the Colony by the name of
the Nederlandsche Handel-Maatschappli.

(2) All writs of summons, notices and legal process may be
served on the said company by being left at the office in Hong
Kong hereinafter mentioned or at any other office in the Colony
where the business of the said company shall be carried on.

4-(1)All conveyances, powers of attorney, deeds and other
instruments of whatsoever nature, which if the said company
were an English corporation would require to be scaled with the
common seal of the said corporation, shall be valid and effectual
for all purposes if the same be executed and signed in the name
or on behalf of the said company under the hand and seal of the
manager of the said company's agency in Hong Kong.

(2) Nothing in this section shall render invalid any other
mode of execution which may be prescribed by the statutes of
the said company and which would be valid by the law of the
Colony had this Ordinance not been passed.

5. The manager of the agency in Hong Kong of the said
company shall have an office in Hong Kong for the transaction
of the business of the company, on the outside of which shall
be kept painted and affixed in a conspicuous position in letters
easily legible the name of the said company.

6.-(1) Such manager shall cause a memorial in the form
and to the effect set forth in Schedule A, or as near thereto as
the circumstances of the case will admit, verified by a statutory
declaration in writing, to be filed in the office of the Registrar
of Companies.

(2) Such memorial shall, prior to being filed, be signed by
the said manager and shall be accompanied by or have annexed
thereto or indorsed thereon copies of the decrees, notarial acts,
articles and other instruments under which the company is
established, and copies of the various rules under which the
business of the company is conducted, and also transIations into
the English language of such copies, such translations being
verified by statutory declaration or otherwise to the satisfaction
of such Registrar.





7. No memorial shall be filed unless the authority of the
manager by whom it is signed and the copies of the decrees,
acts, deeds and other documents accompanying the memorial
shall be authenticated either by the signature and seal of office
of one of the Ministers of the Government of the Netherlands
at the Hague, such signature and seal being verified by a
British ambassador or consular officer, or unless the same shall
be authenticated by the signature and seal of one of the
Secretaries of the Government of Netherlands India at Batavia
and countersigned by the British consul at Batavia.

8. Whenever any new or other manager of the agency in
Hong Kong of the said company shall be appointed or any
change in or addition to any of the facts stated in any memorial
which may have been filed shall take place, a like memorial in
the form and to the effect set forth in Schedule B, verified as
aforesaid, shall, as soon as may be after such appointment,
cliange or addition shall have been made, be filed as aforesaid,
specifying the name and description of such new or other
manager and containing a statement of the change or addition
which may have taken place in the facts aforesaid.

9.-(1) Until such memorial as first hereinbefore mentioned
shall have been filed, the provisions of section 4 shall not come
into operation.

(2) Until the memorial by this Ordinance required to be
verified and filed in the event of the appointment of a new
manager shall have been duly verified and filed, the person whose
name shall appear in the last memorial which shall have been
duly filed in the office of the Registrar of Companies as aforesaid
shall for the purposes of this Ordinance be deemed to be the
manager of the agency in Hong Kong of the said company as
if no new manager had been appointed.

10. An examined copy of every memorial filed pursuant to
this Ordinance certified to be a true copy under the hand of
the Registrar of Companies shall be received in evidence as
proof of the contents of such memorial, and proof shall not be
required that the person by whom the memorial purports to be
verified was at the time of such verification manager of the agency
in Hong Kong of the said company.





SCHEDULE A. [s. 6.]

Memorial made the day of 19
by the manager of the agency at Hong Ront, of the Nederlandsche
Handel-Maatschappii pursuant to Ordinance No. 10 of 1907, intituled
' An Ordinance for giving to the Nederlandsche Handel-Maatschappij
certain facilities for carrying on its business in the Colony', setting
forth the particulars required by section 6 of the Ordinance.
Situation of office of manager.
Entire nominal capital of the company.
Paid up capital.
Number of shares.
Amount of each share.
Amount of capital (if any) set aside for operations in the
Colony.
I, manager of the agency in Hong Kong
of the Nederlandsche Handel-Maatschappij, do solemnly and sincerely
declare that the above-written memorial is true in all respects: And
I make this solemn declaration conscientiously believing the same to
be true and by virtue of the provisions of the Statutory Declarations
Act, 1835.

SCHEDULE B. [s. 8.]

Memorial made the , day of ' 19
by the manager of the agency at Hong Kong of the Nederlandsche
Handel-Maatschappij pursuant to Ordinance No. 10 of 1907, intituled
'An Ordinance for giving to the Nederlandsche Handel-Maatschappij
certain facilities for carrying on its business in the Colony ', setting
forth the particulars of change or changes as required by section 8 of
the Ordinance.
Name and description of new manager.
Situation of office of new manager.
Changes (if any) in such situation.
Entire nominal capital of the company.
Paid up capital of the company.
Number of shares.
Amount of each share.
Amount of capital (if any) set aside for operations in the
Colony.

I, newly appointed manager of the agency
in llong Kong of the Nederlandsche Handel-Maatschappij, do
solemnly and sincerely declare that the above-written memorial is
true in all respects: And I make this solemn declaration con-
scientiously believing the same to be true and by virtue of the
piovisions of the Statutory Declarations Act, 1835.
[Originally No. 10 of 1907.] Short title. Company may hold and dispose of property. Company may sue and be sued under its name. Deeds signed by manager to be as valid as if under common seal of company. Manager to have an office in Hong Kong. Manger to file memorial with Registrar of Companies. Schedule A. Authority of manager to be authenticated. Memorial of change of manager or in facts to be filed. Schedule B. section 4 not to come into operation until memorial filed. Examined copy of memorial to be proof. 5 & 6 Will. 4, c. 62. 6 & 6 Will. 4, c. 62.

[Originally No. 10 of 1907.] Short title. Company may hold and dispose of property. Company may sue and be sued under its name. Deeds signed by manager to be as valid as if under common seal of company. Manager to have an office in Hong Kong. Manger to file memorial with Registrar of Companies. Schedule A. Authority of manager to be authenticated. Memorial of change of manager or in facts to be filed. Schedule B. section 4 not to come into operation until memorial filed. Examined copy of memorial to be proof. 5 & 6 Will. 4, c. 62. 6 & 6 Will. 4, c. 62.

https://oelawhk.lib.hku.hk/items/show/1496

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