.
Further, at the earlier date (the date of allotment or transfer) the
facts may be that A. (a British subject) is trustee for B. (a British
subject), but that B. (unknown to A.) is a trustee for C., an alien
enemy. The fact that B. is trustee for C. would be purposely withheld
from A., and A.'s declaration that he was simply trustee for B. would
be perfectly true. To require that A. should make a declaration at
short intervals (say once a month), or that A., B., C., and so on,
should all make declarations would be, of course, so harassing and so
detrimental as to be, as a matter of business, impossible. The only
effectual way of dealing with the matter would be by a provision that
the share might be forfeited, or might be sold and the proceeds paid
to the owner, if an alien should be, or become beneficially entitled
to or interested in the share. Such a provision does not in the
general case commend itself to us as practical or desirable." Any
endeavour to control the nationality of the Board of Directors
produces similar difficulties. It is easy to ensure that they shall be
all, or a majority of them, British subjects, but there is no means of
ensuring that their actions shall not be controlled by aliens whose
nationality is not disclosed.
Having pointed out these difficulties, which seem in effect to reduce
the whole question to the domain of farce, the Committee goes on to
inquire whether it is desirable to legislate in the direction of
forbidding the employment of foreign capital here in Joint Stock
Companies, unless:--
(1) There is disclosure of the alien character of the foreign
owner; (2) Not more than a certain proportion of the Company's
shares are held by aliens; (3) The Board, or a certain proportion
of the Board, shall not be alien;
and, further, whether it is desirable to discriminate between one
alien and another, and to legislate in that direction in the case of
certain aliens and not of others.
In answering these questions, the Committee decided that it was
necessary to discriminate between certain classes of companies--Class
A being companies in general, Class B being companies owning British
shipping, and Class C companies engaged in "key" industries. With
regard to companies in Class A, they recommend that no restrictions
at all be imposed, but, nevertheless, they elaborate a scheme of
enforcing disclosure of alien ownership if that policy seems to
the legislature to be righ
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