Chapter: 32 COMPANIES ORDINANCE
Section Num: 88 Version Date 30/06/1997
Copies of instruments creating charges to be kept by company
Provisions as to Company's Register of Charges and as to Copies of Instruments creating Charges(1) Every company shall cause a copy of every instrument creating any charge requiring registration under this Part to be kept-
(a) at the registered office of the company; or
(b) if the work in connexion with the keeping of copies of such instruments is done at an office of the company other than the registered office of the company, at that other office; or
(c) if the company arranges with some other person for the keeping of such copies to be undertaken on behalf of the company by that other person, at the office of that other person at which the work in connexion with the keeping thereof is done, so, however, that such copies shall not be kept at a place outside Hong Kong.
(2) In the case of a series of uniform debentures, the keeping of a copy of one debenture of the series shall be sufficient for the purposes of subsection (1).
(3) Every company shall send notice to the Registrar in the specified form of the place where copies of instruments required to be kept under subsection (1) are so kept and of any change in that place:
(Amended 3 of 1997 s. 27)
Provided that a company shall not be bound to send such notice where such copies have, at all times since they came into existence or, in the case of copies in existence at the commencement* of the Companies (Amendment) Ordinance 1984 (6 of 1984), at all times since then, been kept at the registered office of the company.
(4) Where a company makes default in complying with subsection (1) or makes default for 14 days in complying with subsection (3), the company and every officer of the company who is in default shall be liable to a fine and, for continued default, to a daily default fine. (Amended 7 of
1990 s. 2)
(Replaced 6 of 1984 s. 53)
[cf. 1948 c. 38 s. 103 U.K.]
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Note:
* Commencement date: 31 August 1984.
