Wednesday, June 27, 2012

nz law on forfeiture of shares of untraceable shareholders


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Co-operative Dairy Companies Act 1949  022
Commenced: 20 Oct 1949 
16   Forfeiture of shares of untraceable shareholders

   16. Forfeiture of shares of untraceable shareholders---(1)  This
 section shall apply in every case where---
   (a) The registered owner for the time being of shares in a company
         registered under this Act---
           (i) Has ceased for the whole of the immediately preceding
         period of 5 years to be a supplying shareholder of the company;
         and
           (ii) Has left his last address known to the company and has no
         agent whose address is known to the company; and
           (iii) In any case where a dividend has been declared by the
         company during the said period of 5 years, has failed to claim
         the said dividend:
   (b) The registered owner for the time being of shares in a company
         registered under this Act has been deceased for more than 5
         years and no application has been made to the company for
         registration of any transmission in respect of the shares and no
         probate or letters of administration in his estate have been
         produced to the company for noting.

   (2) In any case to which this section applies the company may publish
 a notice in 3 consecutive issues of a newspaper circulating in the
 district in which the company operates of its intention to forfeit the
 shares under this section at the expiration of 3 months from the date of
 the first publication of the notice, unless within that time the
 registered owner or his legal personal representative or some person
 claiming to be entitled to the shares establishes to the satisfaction of
 the directors good cause to the contrary. Every such notice shall set
 out the name of the registered owner, the number of shares, and the
 amount paid up thereon.

   (3) Unless within the said period of 3 months the registered owner or
 his legal personal representative or some other person establishes his
 title to the shares to the satisfaction of the directors, the directors
 may by resolution, at any time after the expiration of the said period
 of 3 months, declare the said shares to be forfeited, and, subject to
 the next 2 succeeding subsections, the shares shall thereupon be deemed
 to be forfeited to the company.

   (4) At any time within one year after the passing of a resolution of
 the directors under the last preceding subsection any person claiming to
 be entitled to the shares so forfeited may apply to the Co-operative
 Dairy Companies Tribunal for an order cancelling the forfeiture and
 restoring the shares to the share register of the company. Notice of the
 application shall be served by the applicant on the company at its
 registered office.

   (5) After considering the application the Tribunal shall make such
 order as it considers just and equitable in all the circumstances of the
 case, either dismissing the application or ordering the cancellation of
 the forfeiture and the restoration of the shares to the share register.

   (6) If no application under subsection (4) of this section is made
 within the said period of one year, or if every application made under
 that subsection in respect of those shares is dismissed by the Tribunal,
 the directors may, at any time after the expiration of the said period
 of one year or after all such applications have been dismissed by the
 Tribunal, whichever is the later, reissue or sell the shares on such
 terms as they think fit, and the company may receive the consideration
 given for the shares on the reissue or sale thereof, and may re-allot or
 execute a transfer of those shares in favour of the person to whom the
 shares are reissued or sold as aforesaid, and may register that person
 as the owner thereof. The title of any person so registered as the owner
 of the shares shall not be affected by any irregularity or invalidity in
 the proceedings in reference to the forfeiture, reissue, or sale of the
 shares.

   (7) The powers of forfeiture conferred by the foregoing provisions of
 this section shall be in addition to and not in substitution for any
 other powers which the company may have to forfeit shares.
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