Chapter: 32  COMPANIES ORDINANCE

Section Num: 346  Version Date 13/02/2004

Documents delivered to Registrar to conform to certain requirements

Provisions relating to Documents and Disposal thereof

(1) Subject to this Ordinance, every document delivered to the Registrar under this Ordinance shall-

(a) be in the English or Chinese language or be accompanied by a translation of the document into English or Chinese, being a translation certified in the prescribed manner to be a correct translation;

(b) be capable of being reproduced in a legible form; and

(c) comply with such other requirements as the Registrar may specify for the purpose of securing that documents of the same kind are of a standard form and of enabling him to make copies or image records of the document and to make and keep records of the information contained in it.

(Replaced 28 of 2003 s. 109)

(1A) For the purpose of subsection (1)(c), the Registrar may specify different requirements for different documents or classes of documents.  (Added 28 of 2003 s. 109)

(2) If under any provision of this Ordinance there is delivered to the Registrar a document (whether being an original document or a copy) which in the opinion of the Registrar does not comply with such requirements specified by him under this section as are applicable to it, the Registrar may serve on any person by whom under that provision the document was required to be delivered (or, if there are 2 or more such persons, may serve on any of them) a notice stating his opinion to that effect and indicating the requirements so specified with which in his opinion the document does not comply; and any such notice shall be served by registered post.  (Amended 3 of 1997 s. 53)

(3) Where the Registrar serves a notice under subsection (2) with respect to a document delivered under any such provision, then, for the purposes of any enactment which enables a penalty to be imposed in respect of any omission to deliver to the Registrar a document required to be delivered under that provision (and, in particular, for the purposes of any such enactment whereby such a penalty may be imposed by reference to each day during which the omission continues)-

(a) any duty imposed by that provision to deliver such a document to the Registrar shall be treated as not having been discharged by the delivery of that document; but

(b) no account shall be taken of any days falling within the period mentioned in subsection (4).

(4) The period referred to in subsection (3)(b) is the period beginning with the day on which the document was delivered to the Registrar as mentioned in subsection (2) and ending with the fourteenth day after the date of service of the notice under subsection (2) by virtue of which subsection (3) applies.

(5) In this section any reference to delivering a document shall be construed as including a reference to sending, forwarding, producing or (in the case of a notice) giving it.

(6) The Registrar may, by notice in the Gazette, specify requirements in relation to print size of prospectuses for the purpose of sections 38D(2)(c) and 342C(2)(c).  (Added 86 of 1992 s. 17)

(Replaced 6 of 1984 s. 240)

[cf. 1976 c. 69 s. 35 U.K.]