Company Re-registration Act 1950

Jersey Law 15/1950 COMPANY RE-REGISTRATION ACT, 1950 An Act to enable the limited liability company known as Ariowitsch and Jacob Fur Company Limited to apply to the Royal Court of Jersey for re-registration in the Island of Jersey. ____________ AN ACT to enable the limited liability company known as Ariowitsch & Jacob Fur Company Limited to apply to the Royal Court of Jersey for re-registration in the Island of Jersey, sanctioned by Order of His Majesty in Council of the 9th day of OCTOBER, 1950. ____________ (Registered on the 21st day of October, 1950). ____________ STATES OF JERSEY. ____________ The 19th day of July, 1950. ____________ W HEREAS the Ariowitsch and Jacob Fur Company Limited was duly incorporated by Act of the Royal Court of Jersey, dated the 12th day of December, 1925; WHEREAS by Regulation 5 of the Defence (Companies) Regulations, 1940, of the United Kingdom, the said Company was authorised by an order of the Board of Trade, dated the 4th day of April, 1942, to be registered in England; WHEREAS on the 30th day of November, 1945, the States, in exercise of the powers conferred upon them by the Emergency Powers (Jersey) Order in Council, 1945, 1 made Regulations entitled the Defence (Companies) (Jersey) Regulations, 1945, 2 by virtue of which the said Company could have made application to the Royal Court for re-registration in the Island; WHEREAS the said Defence (Companies) (Jersey) Regulations have now expired; WHEREAS the States have taken into consideration a Petition addressed to them by the said Company praying that a law be adopted to the end that the said Company should be enabled to make application to the Royal Court for re-registration in the Island; AND WHEREAS it is deemed proper that the prayer of the said Petition should be granted; THE STATES, subject to the sanction of His Most Excellent Majesty in Council, have resolved as follows: - 1. In this Act – “the Company” means Ariowitsch and Jacob Fur Company Limited; “the Court” means the Inferior Number of the Royal Court; “the Island Law” means the “ Règlement ” relating to Limited Liability Companies, passed by the States on the 6th day of May, 1861, and confirmed by Order of Her Majesty in Council of the 5th day of August, 1861, 3 as amended by any subsequent enactment. 2. Notwithstanding the expiry of the Defence (Companies) (Jersey) Regulations, 1945, 4 it shall be lawful for the Court, on the application of the Company, to make an order directing that the Company shall be registered in accordance with the Island Law, and when the Company has been so registered, it shall as from the date of such registration be treated for all purposes as if it were a Company incorporated under the Island Law and registered in the Island and not elsewhere: Provided that the Court shall not entertain any such application unless it is made within a period of three months from the date of the promulgation of this Act: Provided further that the Court shall not make any such order unless it is satisfied that the authorised capital of the Company has not been increased since it was last registered under the Island Law. 3.- (1) On the making of the application by the Company, the Court may suspend the hearing thereof for a period not exceeding two months and direct that, in the meanwhile, the Company shall – (a) lodge with the Judicial Greffier a list of amendments, whether by way of modification, adaptation or exclusion, which have been made to the Memorandum and Articles of Association of the Company since the Company ceased to be registered under the Island Law, showing separately amendments made to the Memorandum and amendments made to the Articles of Association, and indicating whether the amendments have been made by order of the Board of Trade of the United Kingdom or by special resolution of the Company, and which of those amendments the Company desires to be retained; (b) cause to be published in two newspapers circulating in the Island, one being a publication in French and the other a publication in English, a notice stating ( i ) that the application has been made; (ii) that the particulars relating thereto may be inspected at the Judicial Greffe and (iii) the date on which the application is to be heard. (2) On the date fixed for the hearing of the application, the Court may require proof that its directions have been complied with. 4. -(1) The order made by the Court under this Act directing that the Company shall be registered in accordance with the Island Law may – (a) modify, adapt or exclude any provisions of the Memorandum and Articles of Association of the Company as in force immediately before the making of such order, or of any other instrument as then in force regulating the constitution or functions of the Company; and (b) contain such incidental, supplemental and consequential provisions as appear to the Court to be necessary or expedient for the purposes of such order. (2) As soon as may be after the order has been made, the Judicial Greffier shall give notice thereof to the Registrar of Companies in England. To be printed, published and posted. F. DE L. BOIS Greffier of the States. 1 R & O 1332. 2 R & O 1409. 3 Tomes I–III, page 232. 4 R & O 1409.