14 & 15 Vict. c. 93. Act, 1948. be designated by Order in Council made by the Governor of Northern Ireland by virtue of section four of the Ministries Act (Northern Ireland), 1944, and different departments may be designated, for the purposes of subsection (1) of this section, for different classes or descriptions of premises or places and, for the purposes of subsection (2) of this section, for different forms of transport or for the transport of different classes or descriptions of substances; and the reference in subsection (7) of that section to the provisions of the Factories Act, 1937, as amended by any subsequent enactment shall be construed as a reference to the enactments of the Parliament of Northern Ireland for the time being in force corresponding to those provisions; (c) in subsection (2) of section seven, for the reference to a justice of the peace there shall be substituted a reference to a resident magistrate within the meaning of the Summary Jurisdiction and Criminal Justice Act (Northern Ireland), 1935; (d) in section eight, the references to summary conviction shall be construed as references to conviction subject to, and in accordance with, the Petty Sessions (Ireland) Act, 1851, and any Act (including any Act of the Parliament of Northern Ireland) amending that Act; (e) the following section shall have effect in lieu of section nine "All regulations and orders made by the Ministry of Health and Local Government for Northern Ireland under this Act shall be laid before each House of the Parliament of Northern Ireland, and if either such House within the statutory period next after any such regulations are laid before it resolves that the regulations be annulled, the regulations shall cease to have effect, but without prejudice to anything done thereunder or to the making of new regulations. In this section the expression 'statutory period' means a period comprising five days at least on which the Senate or the House of Commons (as the case may require) has sat, but not being in any case shorter in duration than ten days, such days being reckoned without regard to the question whether they are comprised in one or in more than one Session of Parliament."; Act, 1948. (f) in section twelve, for the definitions of "authorised seller of poisons" and "registered pharmacists" there shall be substituted the following definitions: "'authorised seller of poisons' has the meaning assigned to it by the Medicines, Pharmacy and Poisons Act (Northern Ireland) 1945, as amended by any other enactment of the Parliament of Northern Ireland; ' registered pharmacist' means a person registered in the register of pharmaceutical chemists in pursuance of the Pharmacy and Poisons Acts (Northern Ireland) 1925 and 1945, or any enactment of the Parliament of Northern Ireland amending those Acts." 15. This Act may be cited as the Radioactive Substances Short title. Act, 1948. Mode of forming incorporated company. 2. Requirements with respect to memorandum. 3. Stamp and signature of memorandum. 4. Restriction on alteration of memorandum. 5. Mode in which and extent to which objects of company may be altered. Articles of Association. 6. Articles prescribing regulations for companies. 7. Regulations required in case of unlimited company or company limited by guarantee. 8. Adoption and application of Table A. 9. Printing, stamp, and signature of articles. Alteration of articles by special resolution. IO. Form of Memorandum and Articles. 11. Statutory forms of memorandum and articles. Registration. 12. Registration of memorandum and articles. 13. Effect of registration. 14. Power of company to hold lands. 15. Conclusiveness of certificate of incorporation. 16. Registration of unlimited company as limited. Section. 17. Provisions with respect to Names of Companies. Prohibition of registration of companies by undesirable names. 18. Change of name. 19. 20. 21. 22. 23. Power to dispense with "limited" in name of charitable and other companies. General Provisions with respect to Memorandum and Articles. Provision as to memorandum and articles of companies limited by Alterations in memorandum or articles increasing liability to contribute to share capital not to bind existing members without consent. Power to alter conditions in memorandum which could have been contained in articles. 24. Copies of memorandum and articles to be given to members. 25. Issued copies of memorandum to embody alterations. Membership of Company. 26. Definition of member. 27. Membership of holding company. Private Companies. 28. Meaning of "private company ". 29. Consequences of default in complying with conditions constituting a company a private company. 30. 31. 32. 33. 34. 35. Statement in lieu of prospectus to be delivered to registrar by company on ceasing to be private company. Reduction of Number of Members below Legal Minimum. Members severally liable for debts where business carried on with fewer than seven, or in case of private company two, members. Form of contracts. Contracts, &c. Bills of exchange and promissory notes. Execution of deeds abroad. Power for company to have official seal for use abroad. Authentication of Documents. 38. Matters to be stated and reports to be set out in prospectus. Exclusion of foregoing section and relaxation of Fourth Schedule in case of certain prospectuses. 39. 40. 41. 42. 43. 44. 45. Expert's consent to issue of prospectus containing statement by him. Restriction on alteration of terms mentioned in prospectus or Civil liability for mis-statements in prospectus. Criminal liability for mis-statements in prospectus. Document containing offer of shares or debentures for sale to be deemed prospectus. 46. Interpretation of provisions relating to prospectuses. Section. Allotment. 47. Prohibition of allotment unless minimum subscription received. 48. Prohibition of allotment in certain cases unless statement in lieu of prospectus delivered to registrar. 49. Effect of irregular allotment. 50. Applications for, and allotment of, shares and debentures. 51. Allotment of shares and debentures to be dealt in on stock exchange. 52. Return as to allotments. Commissions and Discounts, &c. 53. Power to pay certain commissions, and prohibition of payment of all other commissions, discounts, &c. 54. Prohibition of provision of financial assistance by company for purchase of or subscription for its own, or its holding company's shares. Construction of References to offering Shares or Debentures to the Public. 55. Construction of references to offering shares or debentures to the public. Issue of Shares at Premium and Discount and Redeemable Preference Shares. 56. Application of premiums received on issue of shares. 57. Power to issue shares at a discount. 58. Power to issue redeemable preference shares. Miscellaneous Provisions as to Share Capital. 59. Power of company to arrange for different amounts being paid on shares. 60. Reserve liability of limited company. 61. Power of company limited by shares to alter its share capital. 62. Notice to registrar of consolidation of share capital, conversion of shares into stock, &c. 63. Notice of increase of share capital. 64. Power of unlimited company to provide for reserve share capital on re-registration. 65. Power of company to pay interest out of capital in certain cases. Reduction of Share Capital. 66. Special resolution for reduction of share capital. 67. Application to court for confirming order, objections by creditors, and settlement of list of objecting creditors. 68. Order confirming reduction and powers of court on making such order. 69. Registration of order and minute of reduction. 70. Liability of members in respect of reduced shares. 71. Penalty for concealing name of creditor, &c. Variation of Shareholders' Rights. 72. Rights of holders of special classes of shares. O* Section. 73. Transfer of Shares and Debentures, Evidence of Title, &c. Nature of shares. 74. Numbering of shares. 75. Transfer not to be registered except on production of instrument of transfer. 76. Transfer by personal representative. 77. Registration of transfer at request of transferor. 78. 79. 80. 81. 82. 83. Notice of refusal to register transfer. Certification of transfers. Duties of company with respect to issue of certificates. Evidence of grant of probate. Issue and effect of share warrants to bearer. 84. Penalty for personation of shareholder. 85. Offences in connection with share warrants in Scotland. 86. 87. 88. 89. 90. 91. Special Provisions as to Debentures. Provisions as to registers of debenture holders. Rights of inspection of register of debenture holders and to copies of register and trust deed. Liability of trustees for debenture holders. Perpetual debentures. Power to re-issue redeemed debentures in certain cases. Saving, in case of re-issued debentures, of rights of certain mortgagees. 92. Specific performance of contracts to subscribe for debentures. 93. Validity of debentures to bearer in Scotland. 94. Payment of certain debts out of assets subject to floating charge in priority to claims under the charge. 96. 97. PART III. REGISTRATION OF CHARges. Registration of Charges with Registrar of Companies. Registration of charges created by companies registered in England. Duty of company to register charges created by company. Duty of company to register charges existing on property acquired. 98. Register of charges to be kept by registrar of companies. Endorsement of certificate of registration on debentures. Entries of satisfaction and release of property from charge. Rectification of register of charges. 99. 100. ΙΟΙ. I02. Registration of enforcement of security. Provisions as to Company's Register of Charges and as to Copies 103. Copies of instruments creating charges to be kept by company. 104. Company's register of charges. 105. Right to inspect copies of instruments creating mortgages and charges and company's register of charges. Application of Part III to Companies incorporated outside England. 106. Application of Part III to charges created, and property subject to charge acquired, by company incorporated outside England. |