HONGKONG AND SHANGHAI BANKING CORPORATION (RECONSTRUCTION OF RECORDS) ORDINANCE

HONGKONG AND SHANGHAI BANKING CORPORATION (RECONSTRUCTION OF RECORDS) ORDINANCE

CHAPTER 253.

HONGKONG AND SHANGHAI
BANKING CORPORATION
(RECONSTRUCTION OF RECORDS).

To make provision for The Hongliong and Shanghai
Banking Corporation analogous to the provisions of
Section 14 of the Companies (Reconstruction of Records)
Ordinance, (Chapter 249 Of the Revised Edition,) relat-
ing to the issue of new share certificates where original
certificates have been lost.

[16th January, 1948.]

1. This Ordinance may be cited as The Hongkong
and Shanghai Banking Corporation (Reconstruction ot
Records) Ordinance.

2. In this Ordinance 'bank' means The Hongkong
and Shanghai Banking Corporation.

3. (1) Any person who is the registered proprietor of
any shares in the bank or claims to have becorne entitled to
be registered in the register of members as the proprietor
,thereof and who is not in possession of the share certificate
relating thereto may, within three months from the com-
mencement of this 6rdinance, apply in writing to the bank
at its head office in the Colony for the issue of a new share
certificate under the provisions of this section.

(2) Such application shall be made in the prescribed
form and shall be accompanied by a statutory declaration
which, in the case of the application being made by a
person other than the registered proprietor, shall verify the
claim and shall in all cases state-
(a)when the share certificate was last in the
applicant's possession and how he lost possession
thereof;
(b)whether the applicant has executed any transfer in
respect thereof, whether in blank or otherwise; and
(c)that no other person is entitled to be registered as
the proprietor of the said shares.





(3) If the bank has not received notice of any conflict-
ing claim, it shall, after compliance with the provisions of
subsections (4) and (5), advertise in the Gazette in three
successive months in the prescribed form its intention to
issue a new certificate in respect of all or any of the shares
to which the application relates.

(4) If such application is made by the registered pro-
prietor or the registered proprietor joins in the application
the bank may insert the first advertisement under the sub-
section immediately preceding as soon as the secretary of
the Hong Kong Stock Exchange Limited has certified to
the company in writing at the foot of a copy of the proposed
advertisement by him in accordance with the provisions of
subsection (6).

(5) If such application is made otherwise than as
aforesaid the bank may insert such advertisement only if
no objection is received from the registered proprietor within
ninety days after a copy of such proposed notification has
been served upon him by the bank by sending the same
by registered post to his last registere d address.

(6) The Hong Kong Slock Exchange Limited shall set
aside a conspicuous place in the Stock Exchange Building,
for the posting and exhibition of copies of proposed ad-
vertisements tinder subsection (5) and shall, at the request.
of the bank, exhibit in such place any copy of a proposed
advertisement required by subsection (3) Supplied to the
said Stock Exchange by such secretary.

(7) Upon the expiration of three months from the first
insertion in the Gazette of the prescribed advertisement, if
the bank has not received notice of any clairn, whether given
before or after the commencement of this Ordinance, con-
flicting with the application for a Pew share certificate it
may issue a new share certificate to the applicant notwith-
standing the non-production of the certificate granted to the
person appearing in the register as the registered proprietor
and shall in such event cancel such lastly mentioned
certificate.

(8) The issue of a new share certificate and the can-
cellation of the previous certificate provided for by the





preceding subsection shall be notified in the Gazette in the
prescribed form and a copy thereof shall be sent by the
bank to the said Stock Exchange.

(9) Where a share certificate has been cancelled in
accordance with the provisions of subsection (7) the follow-
ing provisions shall apply-
(a)rectification of the register may still be rnade in
favour of a person claiming tinder such share cer-
tificate as against the person to whom a new share
certificate has been granted but shall not be made
as against a bona fide purchaser for value without
notice from the person to whom such new share
certificate has been granted or against any person
claiming under such bona fide purchaser;
(b)in the event of an order for, rectification being made
under the preceding paragraph the bank shall not
be or be made liable in any way whatsoever for
having issued and acted on the new certificate;
(c)in any case in which, but for the provisions of this
section, a person claiming tinder a share certificate
which has been cancelled by the bank under the
provisions of this section, would have been entitled
to have his name placed on the register of members
as proprietor of the shares to which such certificate
relates the bank shall not be or be made liable to
such person for such cancellation or for having
issued a new certificate or because the person to
whom such cancelled certificate was issued was
registered in the register of members as the pro-
prietor of the shares in respect of which such cer-
tificate was granted but the person to whom a new
certificate was granted shall in such event be liable
in damages to the person claiming under the
cancelled share certificate for the value of the
shares as at the time of their transfer to a bona fide
purchaser for value without notice.

(10) All expenses relating to the issue of a new
certificate and the cancellation of a previous certificate under
this section shall be borne by the applicant and it shall
be lawful for the bank notwithstanding the mandatory pro-
visions of this section to refuse to comply therewith until





provision for the payment of such expenses has been rnade
to its satisfaction.

4. Nothing in this Ordinance shall affect or be deemed
to affect the rights of His Majesty the King, His Heirs and
Successors, or the rights of any body politic or corporate
or of any other persons except such as are mentioned in
this Ordinance and those claiming by, from or tinder them.

SCHEDULE.

FORm 1. [s. 3]
HONGKONG AND SHANGHAI BANKING CORPORATION
(RECONSTRUCTION OF RECORDS)
ORDINANCE.
(Chariter 253 of the Revised Edition)
APPLICATION FOR THE ISSUE OF A NEW SHARE CERTIFICATE.
This application is made by ................................................
of ............................................................................................
who claims *as the registered proprietor of .......
*as transferee from the registered proprietor
shares in the bank.
The distinguishing numbers of the shares are ........................
tSeparate certificates numbered ................. and
respectively were issued in respect of Nos . ..............
..........................and Nos . ......... to .............
DATED this .....day of ...................... 19

...................
(Signature of Applicant.)

Delete whichever is not applicable.
If numbers are unknown, state 'unknown'.





FORm 2. [s. 3]
HONGKONG AND SHANGHAI BANKING CORPORATION
(RECONSTRUCTION OF RECORDS)
ORDINANCE.
(Chapter 253 of the Revised Edition)
NOTICE OF INTENTION TO ISSUE NEW SHARE CERTIFICATE.
*First
*Second Notice
*Third

THE HONGKONG AND SHANGHAI BANKING CORPORATION,

HONG KONG.

NOTICE is hereby given that application has been received
from .............of
*a new certificate
for the issue of *new certificates in respect of
shares in the abovementioned bank.

Distinguishing Nos. . ............ ..
Certificate Nos . ......and
AND TAKE NOTICE that in default of claims by other persons
to be registered as proprietors of the said shares being received by
the bank within three months fronn the first publication of this notice
in the Gazette the bank may issue *a new certificate in respect of
*new certificates
the said shares.

DATED this ....day of ..........19

.....................................
The Hongkong and Shanghai Banking Corporation.


I hereby certify that a copy of the above advertisement has
been exhibited by me in the Stock Exchange.

Secretary.
Hong Kong Stock Exchange Limited.

Delete whichever is not applicable.
If numbers are unknown, state 'unknown'.






FORm 3. [s. 3]
HONGKONG AND SHANGHAI BANKING CORPORATION
(RECONSTRUCTION OF RECORDS)
ORDINANCE.

(Chapter 253 of the Revised Edition.)

NOTICE OF CANCELLATION OF PREVIOUS SHARE CERTIFICATE AND
ISSUE OF NEW CERTIFICATE.

THE HONG KONG AND SHANGHAI BANKING CORPORATION,
HONG KONG.

To all whom it may concern:
NOTICE is hereby given that pursuant to the provisions
of the abovementioned Ordinance, the bank has cancelled the
*Certificate numbered and
*Certificates numbered
Distinguishing numbers issued to
.................in respect of ............ shares
in the abovementioned bank.

* Certificate No . ................having been
* Certificates Nos . and
* a new Certificate numbered .......................................
cancelled * new Certificates numbered and
distinguishing numbers .....has been issued
-------have,
to ............................................................
A copy of this notice has been sent to the Hong Kong Stock
Exchange Limited.

DATED this .....day of ..........19

The Hongkong and Shanghai Banking Corporation.

Delete whichever is not applicable.
if numbers are unknown, state 'unknown'.
1 of 1948. Short title. Interpretation. Issue of new share certificate where original is lost. Schedule Form 1. [s. 3 cont.] Schedule. Form 2. [s. 3 cont.] Schedule. Form 3. [s. 3 cont.] Saving. [Sch, cont.]

1 of 1948. Short title. Interpretation. Issue of new share certificate where original is lost. Schedule Form 1. [s. 3 cont.] Schedule. Form 2. [s. 3 cont.] Schedule. Form 3. [s. 3 cont.] Saving. [Sch, cont.]

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