DIRECTORS (continued). agents not trustees of company, 107 note (6), 110-120, and particular agents, and not general agents, 110 (for explana- inclination of courts of law to consider directions for con- courts of equity will not interfere with acts of directors in personal liability of directors- (a) to third parties for unauthorized acts, and on (b) for misrepresentations, 117. (c) to the company for making an unauthorized invest- criterion of criminal fraud rendering directors or others observations on usual mode of appointing directors, and rules of Table A respecting, articles 52-71, pp. 432-437. list of directors to be sent to registrar by company not powers of, to cease on appointment of liquidators on volun- penalties on, ss. 27, 32, 34, 42, 43, 44, 46; 30 & 31 Vict. c. power of court in winding up to compel repayment of prosecution of delinquent, ss. 167, 168, p. 380. directors in a limited company may be appointed with observations on inexpediency of this provision, 211 DIRECTORY PROVISIONS, meaning of, 113. DISPOSITIONS, of property, after commencement of winding up, avoided s. 153, p. 367. DISPOSITIONS-(continued). the court has jurisdiction under this section to make valid DISSOLUTION OF COMPANY. (See WINDING UP.) to be reported by official liquidator to registrar, who shall disposal of books, &c., on dissolution, s. 155, p. 368. DIVIDENDS, fraud in directors to pay dividends out of capital without injunction granted to restrain payment out of capital, 56 preferential dividends payable out of profits whenever rea- provisions to the contrary of Comp. Cl. Act, 1863, 58. "dividend" originally means fund to be divided, in secon- dividends are apportionable under 4 & 5 Will. IV. c. 22, provisions of Table A respecting, 437-8. Other forms, observations on provisions of Table A, as to dividends, DOCUMENTS. (See ACCOUNTS, COPIES OF DOCUMENTS, EVIDENCE, INSPECTION.) admission of, in winding up, Rule 54, p. 519. ESTOPPEL. (See SHARES.) of company which has granted a share certificate on a EVIDENCE. certificate of registrar conclusive evidence of incorporation of register evidence of any matters directed by Act to be in- report of inspectors of Board of Trade evidence of their Index. EVIDENCE-(continued). of service of notices, &c., s. 62, p. 290. minutes of proceedings of meetings and directors' evidence, order on contributory unappealed from evidence of his extraordinary powers of court as to examination, ss. 115, practice as to summoning and examination of witnesses judicial notice to be taken of signatures of officers of courts special commissioners for receiving evidence, s. 126, p. 346. mode of swearing affidavits, s. 128, p. 349. books of company, evidence in winding up, s. 154, p. 368. EXAMINATION Of Affairs of Company. (See INSPECTION.) of witnesses, powers of court as to. (See EVIDENCE.) EXECUTION, Court may restrain after presentation of winding up put in force after commencement of winding up is void, EXECUTOR. (See DEATH.) receipt of dividends by, does not amount to acceptance of liable in respect of shares purchased after death of testator. held liable for not disposing of shares within a reasonable empowered to convey shares without registering themselves, of deceased contributory liable to contribute in discharge of EXISTING COMPANIES, p. 390. (See COMPANIES NOT registration of, under Act of 1862, after presen- EXISTING COMPANIES-(continued). tation of a winding up petition is a nullity, note to s. 180, transfer of property on registration to company as incorpo- FARMING, is a business within s. 4 of the Act of 1862, note p. 243. FEES, on registration of new company, s. 17, p. 251. and Schedule on inspection of documents in registrar's office, s. 174 (5), on registration of existing company, s. 191, p. 396, Schedule exemption of certain companies from payment of fees, s.189, in winding up. (See Rules 70, 71, p. 524, and schedules of under Act of 1867, rules of 1868, 21-22, pp. 574-5. in county courts, 588 FILE OF PROCEEDINGS IN WINDING UP, Rule 57, p. 520. FOREIGN COUNTRY. (See CORPORATION.) 92-93. company formed for pupose of working mines or acquiring FOREIGNERS on, may obtain incorporation under Act of 1862, though prin- FORFEITURE OF SHARES. (See SHARES.) company has no inherent right to forfeit shares, 78. unless forfeiture is one of the terms of a compromise bene- result of the cases in the winding up of the Agriculturist regulations of Table A, respecting, Arts. 17-22, pp. 422— 424. power to redeem forfeited shares may be added, 136. FORGERY. (See TRANSFER OF SHARES). FORMING COMPANY. (See ASSOCIATION-MEMORANDUM general observations on, pp. 128-150. FORMS, Under Companies Acts and Rules. Board of Trade empowered to alter forms in schedules to in forming companies, Sch. II. to Act of 1862, p. 450, which form E, required by second part of Act, p. 467, and see form of licence by Board of Trade to charitable and like Collection of Precedents in App. II. forms relating to constitution and incorporation of com- forms relating to the management and administration of forms in registering existing companies, pp. 715-718. FRAUD. (See BREACH OF TRUST-MISREPRESENTATION.) FRAUDULENT PREFERENCE. s. 164, p. 377, circumstances amounting to, ib., note. GENERAL MEETINGS. (See MEETINGS.) |