【法规名称】
【法规编号】 79663 什么是编号？
【正 文】
第4页 CAP 344 BUILDING MANAGEMENT ORDINANCE
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[接上页] (2) An application under subsection (1) shall be in such form as the Land Registrar may specify and shall include the following particulars- (Amended 8 of 1993 s. 3) (a) the name of the proposed corporation, which shall be in the form "The Incorporated Owners of .................................................................................. .................................................... "; (Description of building)(b) the name (if any) and address of the building; (c) the address of the proposed registered office of the corporation; and (d) the name and address of the chairman and secretary of the management committee.(3) An application under subsection (1) shall be accompanied by the following documents- (a) a copy of the deed of mutual covenant (if any) in respect of the building; (aa) where an application has been made to the Authority under section 3A(1), a copy of the order of the Authority; (Added 27 of 1993 s. 9) (b) where an application has been made to the tribunal under section 4(1) or 40C, a copy of the order of the tribunal; (c) a copy of the resolution or other document evidencing the appointment of the management committee under section 3, 3A, 4 or 40C certified as correct by the chairman or secretary of the management committee or by the chairman of the meeting at which the resolution was passed; and (d) a declaration by the chairman or secretary of the management committee, in such form as the Land Registrar may specify, that the provisions of section 3, 3A, 4 or 40C and relevant provisions in section 5, 5A or 5B have been complied with. (Amended 8 of 1993 s. 3) (Amended 27 of 1993 ss. 9 & 42; 69 of 2000 s. 8) Cap 344 s 8 Incorporation (1) The Land Registrar shall, if satisfied that the provisions of section 3, 3A, 4 or 40C and section 7(2) and (3) have been complied with, issue a certificate of registration in such form as may be specified by the Authority from time to time. (Amended 8 of 1993 s. 3; 27 of 1993 ss. 10 & 42; 69 of 2000 s. 9) (2) With effect from the date of issue of the certificate of registration under subsection (1)- (a) the owners for the time being shall be a body corporate with perpetual succession and shall in the name of the corporation specified in the certificate of registration be capable of suing and being sued and, subject to this Ordinance, of doing and suffering all such other acts and things as bodies corporate may lawfully do and suffer; (Amended 52 of 1975 s. 2) (aa) the corporation shall have, and be deemed always to have had, the power to hold an undivided share in the building, together with the right to the exclusive possession of any part of the building other than the common parts thereof; and (Added 52 of 1975 s. 2) (b) the management committee appointed under section 3, 3A, 4 or 40C shall be deemed to be the first management committee of the corporation. (Amended 27 of 1993 s. 10; 69 of 2000 s. 9)(3) A corporation shall have a common seal, the affixing of which shall be authenticated by the signature of the chairman and secretary of the management committee. (4) A corporation shall have a registered office in Hong Kong. (Amended 27 of 1993 s. 10) (5) The Third Schedule shall have effect with respect to the meetings and procedure of a corporation. Cap 344 s 9 Undesirable names No corporation shall be registered by a name which, in the opinion of the Land Registrar, is undesirable. (Amended 8 of 1993 s. 3) [cf. 1948 c. 38 s. 17 U.K.] Cap 344 s 10 Change of name (1) At a general meeting of a corporation convened and conducted in accordance with the Third Schedule for the purpose, the corporation may- (a) in the case of a direction by the Land Registrar under subsection (2), by a resolution passed by a majority; or (b) in any other case, by a resolution passed by a majority of not less than 75%,of the votes of the owners, change the name of the corporation. (Replaced 27 of 1993 s. 11) (2) If at any time a corporation is registered by a name which, in the opinion of the Land Registrar, is so similar to the name by which another corporation is registered as to be likely to mislead, the Land Registrar may direct that the first mentioned corporation shall change its name within a period of six weeks from the date of the direction or such longer period as the Land Registrar may allow. (Amended 8 of 1993 s. 3) (3) A corporation which makes default in complying with a direction under subsection (2) shall be guilty of an offence and shall be liable on conviction to a fine of $50 for each day during which the default continues. (Amended 27 of 1993 s. 42) (4) When a corporation changes its name under this section, the Land Registrar shall enter the new name on the register maintained by him under section 12 in place of the former name, and shall issue an amended certificate of registration. (Amended 8 of 1993 s. 3) (5) A change of name of a corporation under this section shall not affect any rights or obligations of the corporation or render defective any legal proceedings by or against the corporation, and any legal proceedings which might have been continued or commenced against it by its former name may be continued or commenced against it by its new name. |
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