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正文內(nèi)容

香港公司章程模板中英文(參考版)

2024-08-15 07:44本頁面
  

【正文】 47. Any person to whom the right to any shares in the Company has been transmitted by operation of law shall, if the Directors refuse to register the transfer, be entitled to call on the Directors to furnish within 28 days a statement of the reasons for the refusal.有權(quán)要求在 28 天內(nèi)辦理登記事宜。46. A person being entitled to a share by reason of the death or bankruptcy of the holder shall be entitled to the same dividends and other advantages to which he would be entitled if he were the registered holder of the share, except that he shall not before being registered as a member in respect of the share, be entitled in respect of it to exercise any right conferred by membership in relation to meetings of the Company. Provided always that the Directors may at any time give notice requiring any such person to elect either to be registered himself or to transfer the share, and if the notice is not plied with within 90 days the Directors may thereafter withhold payment of all dividends, bonuses or other moneys payable in respect of the share until the requirements of the notice have been plied with.因股東之死亡或破產(chǎn)而取得股份者,有權(quán)取得與該死亡或破產(chǎn)之股東相同之股利及其它利益,但直至該人登記于股東名簿后,始得行使與股東會相關(guān)之權(quán)利。如果他選擇讓他人登記,他必須給他人制作一份股份轉(zhuǎn)讓書以證明他的選擇。44. Any person being entitled to a share in consequence of the death or bankruptcy of a member may, upon such evidence being produced as may from time to time properly be required by the Directors and subject as hereinafter provided, elect either to be registered himself as holder of the share or to have some person nominated by him registered as the transferee thereof, but the Directors shall, in either case, have the same right to decline or Adherence to any shareholders’ agreementNotice of refusal to registerSuspension and registrationNo fee payable on registrationTransmissionElections permitted12 / 40suspend registration as they would have had in the case of a transfer of the share by that member before his death or bankruptcy, as the case may be.凡因股東死亡或破產(chǎn)而取得股份所有權(quán)的人,一旦出示董事會隨時(shí)正當(dāng)要求出示的證據(jù),可按以下規(guī)定,或自己登記作為股東,或提名讓某人登記作為受讓人,但這兩種情況,董事會均有權(quán)按該股東死亡或破產(chǎn)前轉(zhuǎn)讓其股份時(shí)的情況一樣,拒絕或中止登記。TRANSMISSION OF SHARES43. In the case of the death of a member, the survivor, where the deceased was a joint holder, and the legal personal representatives of the deceased, where he was a sole holder, shall be the only persons recognised by the Company as having any title to his shares。41. The registration of transfers of shares or of any class of shares may be suspended and the Register closed at such times and for such periods as the Directors may from time to time determine, provided that it shall not be closed for more than thirty days in any year, or where the period for closing the Register is extended in respect of that year under (2)(a) of the Ordinance, for more than that extended period.董事會可隨時(shí)決定從某時(shí)起暫時(shí)中止一段時(shí)間登記轉(zhuǎn)讓,但每年中止轉(zhuǎn)讓登記的日期總和不得超過 30 天,在中止轉(zhuǎn)讓登記的日期延長的,不得超過 99(2 )(a )規(guī)定的日期。 and(b) a form of transfer is lodged at the office, or at such other place as the directors may appoint, and is acpanied by the certificate for the shares to which it relates and such other evidence as the directors may reasonably require to show the right of the transferor to make the transfers.在以下情況下,董事會應(yīng)辦理股份登記:1. 股份轉(zhuǎn)讓依本公司章程和股東之前的約定發(fā)生,并且有相關(guān)的股權(quán)證明和其它董事要求出示的能夠證明轉(zhuǎn)讓股份的憑證No requirement for additional fundingForm and execution of transfer of shareInstrument of transferRestriction on transferRegistration of transfer11 / 4039. No transfer of shares shall be registered unless the transferee (if not already a member) has entered into and delivered to the pany a legally binding mitment, in such form and substance as may be required by the members, by which it agrees to be bound by any agreement then existing between the members (other than the tranferor) relating to their relationship as members of the Company.除非受讓人(如果還不是股東)已訂立并交付給公司具有法律約束力的承諾,在這樣的形式和實(shí)質(zhì)的股東可能需要須登記任何股份轉(zhuǎn)讓,其中同意遵守現(xiàn)有成員之間的(從其他比 tranferor)作為本公司股東的關(guān)系有關(guān)任何協(xié)議。37. No sale, transfer, pledge, charge or other disposition of any shares or any interest in any shares shall be effected other than in accordance with any agreement then existing between all members for the time being. 所有有關(guān)股份的出售、轉(zhuǎn)讓、質(zhì)押、收費(fèi)或者處置都應(yīng)遵守股東之間既有的協(xié)議。 or (iii) any other arrangement whatsoever.除非當(dāng)事人另有約定,公司不能要求任何一方股東向公司提供額外的資金:認(rèn)購股份或者獲得認(rèn)股權(quán)或者可轉(zhuǎn)換為股份的文件、證券;、證券或擔(dān)保的形式;它方式TRANSFER OF SHARES35. All transfers of shares shall be effected by instrument in writing in any usual or mon form or in any other form which the Directors may approve.根據(jù)本章程規(guī)定,任何股東均可轉(zhuǎn)讓其全部或部分股份,轉(zhuǎn)讓應(yīng)經(jīng)通?;蛞话阈问交蚨聲獾钠渌问降臅嫖募M(jìn)行。Sale of forfeited sharesLiability following forfeitureSurrender of sharesEvidence of forfeiture or surrender10 / 40FURTHER FINANCING34. Other than as provided in any agreement then existing between the members relating to their relationship as members of the Company, no member shall be required to provide additional funding to the Company whether by way of: (i) subscribing for shares or any instrument, document or security granting a right of subscription for, or conversion into shares。出售或處置股份如有所得,公司可以接受,且可向股份購買人或接受處置股份的人簽發(fā)轉(zhuǎn)讓書,憑此他可登記作為股東,如果有購買資金,他無義務(wù)負(fù)責(zé)資金的使用,他對股份的所有權(quán)不得因沒收、出售、或處置股份的程序不當(dāng)或不合法而受影響。 而且,根據(jù)商定的條件,放棄的股份應(yīng)被視為被沒收。 but his liability shall cease if and when the Company shall have received payment in full of all such moneys in respect of the shares.凡股份被沒收的人將不再是被沒收股份的股東,但他仍然應(yīng)負(fù)責(zé)支付至沒收之日應(yīng)由他向公司支付的有關(guān)股份的所有款額(連同年利率為 8%的就該筆未償付款額利息,從沒收之日算起,如果董事會認(rèn)為應(yīng)當(dāng)支付此種利息),但如果他交足所有有關(guān)股份的此種款項(xiàng),其責(zé)任應(yīng)從繳清之時(shí)予以終止。董事會可以授權(quán)他人執(zhí)行轉(zhuǎn)讓被沒收的股份。Giving effect to saleApplication of proceedsNotice requiring payment of cashNotice contentForfeiture for nonpliance9 / 4030. Subject to the Ordinance, a forfeited share may be sold or otherwise disposed of on such terms and in such manner as the Directors thinks fit。28. The notice shall name a further day (not earlier than the ex
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