Power of court to dispense with signature

Orders of the Day — Companies Bill [Lords] – in the House of Commons at 9:45 pm on 26 October 1989.

Alert me about debates like this

417.—(1) Where it is proposed to deliver further particulars of a charge, or to deliver a memorandum of a charge ceasing to affect the company's property, and—

  1. (a) the chargee refuses to sign or authorise a person to sign on his behalf, or cannot be found, or
  2. (b) the company refuses to authorise a person to sign on its behalf,

the court may on the application of the company or the chargee, or of any other person having a sufficient interest in the matter, authorise the delivery of the particulars or memorandum without that signature.

(2) The order may be made on such terms as appear to the court to he appropriate.

(3) Where particulars or a memorandum are delivered to the registrar for registration in reliance on an order under this section, they must be accompanied by an office copy of the order.
In such a case the references in sections 401 and 403 to the particulars or memorandum being duly signed are to their being otherwise duly signed.

The registrar shall file the office copy of the court order along with the particulars or memorandum.".'.—[Mr. Redwood.]

Brought up. read the First and Second time, and added to the Bill.