130AB. Notice of refusal to register transfer by public companies

Terms defined in this Act

• Act

  Act

  Defined · s 4

  “Act” includes any regulations;

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• company

  company

  Defined · s 4

  “company” means a company incorporated under this Act or under any corresponding previous written law;

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• constitution

  constitution

  Defined · s 4

  “constitution”, in relation to a company, means —(a)the constitution of the company which is registered with the Registrar under section 19, as may be amended from time to time; and(b)in the case of a company incorporated before 3 January 2016, the memorandum of association of the company, the articles of association of the company, or both, in force immediately before that date;

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• debenture

  debenture

  Defined · s 4

  “debenture” includes debenture stock, bonds, notes and any other securities of a corporation whether constituting a charge on the assets of the corporation or not, but does not include —(a)a cheque, letter of credit, order for the payment of money or bill of exchange;(b)subject to the regulations, a promissory note having a face value of not less than $100,000 and having a maturity period of not more than 12 months;(c)for the purposes of the application of this definition to a provision of this Act in respect of which any regulations made thereunder provide that the word “debenture” does not include a prescribed document or a document included in a prescribed class of documents, that document or a document included in that class of documents, as the case may be;

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• default penalty

  default penalty

  Defined · s 4

  “default penalty” means a default penalty within the meaning of section 408;

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• lodged

  lodged

  Defined · s 4

  “lodged” means lodged under this Act or any corresponding previous written law;

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• officer

  officer

  Defined · s 4

  “officer”, in relation to a corporation, includes —(a)any director or secretary of the corporation or a person employed in an executive capacity by the corporation;(b)a receiver and manager of any part of the undertaking of the corporation appointed under a power contained in any instrument; and(c)any liquidator of a company appointed in a voluntary winding up,but does not include —(d)any receiver who is not also a manager;(e)any receiver and manager appointed by the Court;(f)any liquidator appointed by the Court or by the creditors; or(g)a judicial manager appointed under Part 7 of the Insolvency, Restructuring and Dissolution Act 2018;

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• public company

  public company

  Defined · s 4

  “public company” means a company other than a private company;

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• register

  register

  Defined · s 386AB

  “register of controllers” or “register” —(a)in relation to a company to which this Part applies — means the register that the company is required to keep of its registrable controllers under section 386AF(1), (1A), (2) or (3); and(b)in relation to a foreign company to which this Part applies — means the register that the foreign company is required to keep of its registrable controllers under section 386AF(4), (4A), (5) or (6);

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• registered

  registered

  Defined · s 4

  “registered” means registered under this Act or any corresponding previous enactment;

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• registration

  registration

  Defined · s 356

  “registration”, in relation to a foreign corporate entity that has applied to be registered as a company limited by shares under this Part, means registration by the Registrar under section 359(1), and “register” and “registered” are to be construed accordingly.

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• share

  share

  Defined · s 4

  “share” means share in the share capital of a corporation and includes stock except where a distinction between stocks and shares is expressed or implied;

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