Companies Ordinance Cap 32

Section Num: 74A  Version Date 30/06/1997

Company's register of debenture holders

Special Provisions as to Debentures

(1) Any company which issues a series of debentures or debenture stock not transferable by delivery shall keep a register, either in English or Chinese, of the holders of such debentures or debenture stock, and shall enter therein the following particulars-  (Amended 83 of 1995 s. 9)

(a) the names and addresses, and the occupations or descriptions, of the holders and a statement of the amount of such debentures or debenture stock held by each holder;  (Amended 83 of 1995 s. 9)

(b) the date at which each person was entered in the register as the holder of such debentures or debenture stock;

(c) the date at which any person ceased to be a holder of any such debentures or debenture stock.

(2) The register of holders of debentures of a company shall be kept-

(a) at the registered office of the company; or

(b) if the work of making it up 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 making up of the register to be undertaken on behalf of the company by that other person, at the office of that other person at which the work is done, so, however, that it shall not be kept at a place outside Hong Kong.

(3) Every company shall send notice to the Registrar in the specified form of the place where the register required to be kept by the company under this section is kept, and of any change in that place.  (Amended 3 of 1997 s. 22)

(4) Where a company makes default in complying with subsection (1) or (2) 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.

(Added 6 of 1984 s. 41. Amended 7 of 1990 s. 2)

[cf. 1948 c. 38 s. 86 U.K.]