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COMPANIES AND SECURITIES LEGISLATION (MISCELLANEOUS AMENDMENTS) ACT 1985

Table of Provisions

  • 1 Short title  
  • 2 Commencement  
  • 3 Principal Act  
  • 4 Definitions  
  • 5 Acquisition and disposal of, and entitlement to, shares, and associated persons  
  • 6 Other interpretative and evidentiary provisions  
  • 7  
  • 8 Relevant interests in shares  
  • 9 Acquisition of shares permitted in certain circumstances  
  • 10 Acquisition of not more than 3 percent of voting shares permitted in each 6 months  
  • 11 Take-over offers  
  • 12 Take-over announcements  
  • 13 Registration of Part A statements and offers  
  • 14  
  • 15 Variation of take-over offers  
  • 16 Declaration where take-over offers are conditional  
  • 17 Repeal of section 29  
  • 18  
  • 19 Provisions relating to dissenting shareholders  
  • 20 Orders where prohibited acquisitions take place  
  • 21 Orders where offers not dispatched pursuant to Part A statement  
  • 22 Orders to protect interests of certain persons  
  • 23 Miscellaneous provisions relating to orders  
  • 24  
  • 25 Offences  
  • 26 Repeal of sections 54, 63 and 64  
  • 27 Schedule  
  • 28 Further amendments relating to securities exchanges  
  • 29 Principal Act  
  • 30 Interpretation  
  • 31 Affairs of a corporation  
  • 32 Relevant interests in shares  
  • 33 Associated persons  
  • 34 Power of Commission to require production of books  
  • 35  
  • 36 Registration of auditors  
  • 37 Registration of liquidators  
  • 38 Notification of certain matters  
  • 39 Powers of Board in relation to auditors and liquidators  
  • 40 Proceedings at hearings  
  • 41 Notice of Board's decision  
  • 42 Time when Board's decision comes into effect  
  • 43 Appeal from decision of Board  
  • 44 Registers  
  • 45 Formation of companies  
  • 46 Amendment of Division heading  
  • 47  
  • 48 Legal capacity  
  • 49 Restrictions on companies  
  • 50 Repeal of section 68B  
  • 51 Alterations of memorandum  
  • 52  
  • 53 Contents of prospectuses  
  • 54 Certain notices, &c., not to be published  
  • 55 Application and interpretation  
  • 56 Substantial shareholdings and substantial shareholders  
  • 57  
  • 58 Powers of Court with respect to defaulting substantial shareholder  
  • 59 Approval of deeds  
  • 60  
  • 61 Interpretation  
  • 62  
  • 63  
  • 64 Publication of name  
  • 65 Vacation of office  
  • 66  
  • 67 Loans to directors  
  • 68 General duty to make disclosure  
  • 69 Benefits for loss of, or retirement from, office  
  • 70 Register of directors, principal executive officer and secretaries  
  • 71 Register of Disqualified Company Directors and Other Officers  
  • 72  
  • 73 Register and index of members  
  • 74 Trustee, &c., may be registered as owner of shares  
  • 75 Power of company to obtain information as to beneficial ownership of its shares  
  • 76 Powers of Court  
  • 77  
  • 78 Interpretation  
  • 79  
  • 80 Profit and loss account, balance-sheet, group accounts, & c.  
  • 81 Directors' reports  
  • 82 Relief from requirements as to accounts and reports  
  • 83 Members of company entitled to balance-sheet, & c.  
  • 84 Accounts and reports to be laid before annual general meeting  
  • 85 Appointment of auditors  
  • 86 Powers and duties of auditors as to reports on accounts  
  • 87 Interpretation and application  
  • 88 Record of examination  
  • 89 Admissibility of record of examination in evidence in proceedings against person examined  
  • 90 Admissibility in other proceedings of statements at an examination  
  • 91 Weight of evidence  
  • 92 Credibility of person who made statements  
  • 93 Determination of objection to admissibility of statement  
  • 94 Power to compromise with creditors and members  
  • 95 Powers of receiver  
  • 96 Reports by receiver  
  • 97 Prosecution of delinquent officers and members  
  • 98 Receiver to enjoy qualified privilege in certain circumstances  
  • 99 Payments of certain debts out of property subject to floating charge in priority to claims under charge  
  • 100 Certain provisions applicable to official management  
  • 101 Avoidance of dispositions of property, attachments, & c.  
  • 102 Powers of liquidator  
  • 103 Reports by liquidator  
  • 104 Expenses of winding up where property insufficient  
  • 105 Priority payments  
  • 106 Debts due to employees  
  • 107 Debts of a class to rank equally  
  • 108 Advances in respect of wages, retrenchment payments and leave of absence  
  • 109 Priority of employees' claims over floating charges  
  • 110 Provisions relating to injury compensation  
  • 111 Priority where security given for payment of taxes  
  • 112 Prosecution of delinquent officers and members  
  • 113 Publication of name, &c., of recognised company or recognised foreign company  
  • 114 Unregistered foreign company not to establish place of business or carry on business in the Territory  
  • 115 Notice to be lodged where documents, &c., altered  
  • 116 Balance-sheets and other documents  
  • 117 Publication of name, &c., of foreign company  
  • 118 Service of documents on recognised company or recognised foreign company  
  • 119 Offences by officers of certain companies  
  • 120 Offences relating to incurring of debts or fraudulent conduct  
  • 121 Falsification of books  
  • 122 Court may disqualify person from acting as director, &c., in certain circumstances  
  • 123  
  • 124 False or misleading statements  
  • 125  
  • 126 Dividends payable from profits only  
  • 127 General penalty provisions  
  • 128  
  • 129 Officers and other persons in default  
  • 130 Regulations  
  • 131 Operation of certain Ordinances  
  • 132 Schedule 4  
  • 133 Further amendments relating to securities exchanges  
  • 134 Principal Act  
  • 135 Regard to be had to purpose or object of relevant Act  
  • 136  
  • 137 Definitions  
  • 138  
  • 139 References to writing, printing and documents  
  • 140  
  • 141  
  • 142 Mention of officer in general terms  
  • 143  
  • 144 Conferral of power to make, grant or issue an instrument  
  • 145 Power to appoint  
  • 146  
  • 147 References to amended, re-enacted or remade laws  
  • 148 Heading to Part III  
  • 149 Insertion of Division heading  
  • 150  
  • 151  
  • 152 Principal Act  
  • 153 Schedule 1  
  • 154 Principal Act  
  • 155 Interpretation  
  • 156 Membership of Commission  
  • 157 Acting appointments  
  • 158 Meetings of Commission  
  • 159 Divisions of Commission  
  • 160 Engagement of consultants  
  • 161 Proceedings at hearings  
  • 162 Delegation by Commission  
  • 163 Repeal of section 50  
  • 164 Principal Act  
  • 165 Interpretation  
  • 166 Relevant interests in securities  
  • 167 Associated persons  
  • 168 Power of Commission to require production of books  
  • 169 Disclosure to Commission  
  • 170  
  • 171 Power of Court to make certain orders  
  • 172 Interpretation  
  • 173 Record of examination  
  • 174 Record to accompany report  
  • 175 Admissibility of record of examination in evidence in proceedings against person examined  
  • 176 Admissibility in other proceedings of statements at an examination  
  • 177 Weight of evidence  
  • 178 Credibility of person who made statements  
  • 179 Determination of objection to admissibility of statement  
  • 180 Provisions relating to reports  
  • 181 Power of Commission to make certain orders  
  • 182 Heading to Part III  
  • 183 Establishment, &c., of stock markets  
  • 184 Power of Ministerial Council to approve stock exchange  
  • 185  
  • 186 Securities exchanges to provide assistance to Commission  
  • 187 Power of Court to order observance or enforcement of business rules or listing rules of securities exchange  
  • 188  
  • 189 Further provisions relating to revocation and suspension of licences  
  • 190 Issue of contract notes  
  • 191  
  • 192 Short selling  
  • 193  
  • 194 Dealers' trust accounts  
  • 195 Certain matters to be reported to Commission  
  • 196 Fraudulently inducing persons to deal in securities  
  • 197 Restrictions on use of titles "stockbroker", "sharebroker" and "stock exchange"  
  • 198  
  • 199 Offences by bodies corporate  
  • 200 Further amendments relating to securities exchanges  

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