FREE BOOKS

Author's List




PREV.   NEXT  
|<   198   199   200   201   202   203   204   205   206   207   208   209   210   211   212   213   214   215   216   217   218   219   220   221   222  
223   224   225   226   227   228   229   230   231   232   233   234   235   236   237   238   239   240   241   242   243   244   245   246   247   >>   >|  
usually in the form of an application in writing to the company, made in response to a prospectus, requesting the company to allot the applicant a certain number of shares in the undertaking on the terms of the prospectus, and agreeing to accept the shares, or any smaller number, which may be allotted to the applicant. An allottee is under the Companies (Consolidation) Act 1908, s. 86, entitled to rescind his contract where the allotment is irregular, e.g. where the minimum subscription has not been obtained. When an application is accepted the shares are allotted, and a letter of allotment is posted to the applicant. Allotment is the usual, but not the only, evidence of acceptance. As soon as the letter of allotment is posted the contract is complete, even though the letter never reaches the applicant. An application for shares can be withdrawn at any time before acceptance. As soon as the contract is complete, it is the duty of the company to enter the shareholder's name in the register of members, and to issue to him a certificate under the seal of the company, evidencing his title to the shares. Register of members. The register of members plays an important part in the scheme of the company system, under the Companies Act 1862. The principle of limited liability having been once adopted by the legislature, justice required not only that such limitation of liability should be brought home by every possible means to persons dealing with the company, but also that such persons should know as far as possible what was the limited capital which was the sole fund available to satisfy their claims--what amount had been called up, what remained uncalled, who were the persons to pay, and in what amounts. These data might materially assist a person dealing with the company in determining, whether he would give it credit or not; in any case they are matters which the public had a right to know. The legislature, recognizing this, has exacted as a condition of the privilege of trading with limited liability that the company shall keep a register with those particulars in it, which shall be accessible to the public at all reasonable times. In order that this register may be accurate, and correspond with the true liability of membership for the time being, the court is empowered under the Companies Act 1862, and the Companies (Consolidation) Act 1908, s. 32, to rectify it in a summary way, on application by motion, by order
PREV.   NEXT  
|<   198   199   200   201   202   203   204   205   206   207   208   209   210   211   212   213   214   215   216   217   218   219   220   221   222  
223   224   225   226   227   228   229   230   231   232   233   234   235   236   237   238   239   240   241   242   243   244   245   246   247   >>   >|  



Top keywords:

company

 

shares

 

liability

 
register
 

Companies

 
applicant
 

application

 

letter

 

contract

 

allotment


members

 

persons

 

limited

 

dealing

 

acceptance

 
complete
 

legislature

 

public

 
posted
 

number


allotted

 

Consolidation

 

prospectus

 

correspond

 

called

 

accurate

 

motion

 
uncalled
 

remained

 

amount


membership
 

capital

 
satisfy
 

empowered

 

rectify

 

claims

 
summary
 

materially

 

recognizing

 

reasonable


matters

 

accessible

 

particulars

 

condition

 
privilege
 

exacted

 

assist

 
person
 

trading

 

determining