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Page 11

CHAPTER 2
THE MEMORANDUM OF ASSOCIATION

Penrose v. Martyr (1858), E. B. & E. 499. A bill was drawn on a limited company described on the bill as " The Saltash Watermen's Steam Packet Company, Saltash," and was accepted by the secretary, who wrote " Accepted. John Martin, Secy. to the ad. Coy." Held, the secretary was personally liable, as the company's correct name was not mentioned in the bill.
" The intention of the enactment plainly was to prevent persons from being deceived into the belief that they had a security with the unlimited liability of common law, when they had but the security of a limited company."-Per Crompton, J.
If the name of the company appears on the face of the bill it need not appear on the acceptance.
Stacey & Co., Ltd. v. Wallis (1912), 28 T. L. R. 209. A bill was drawn on " J. & T. H. Wallis, Ltd.," and accepted " James Wallis, Henry Wallis, Henry Bowles, Secy."' Held, (1) the correct name of the company was mentioned in the bill as required by the Companies Act, (2) the abbreviation, " Ltd." might be used for the word " Limited," (3) the individuals who had signed the acceptance were not liable on the bill.
The use of the word " Limited," or any contraction or imitation of it as the last word of the name of any person carrying on business, without being incorporated with limited liability, is prohibited under a penalty of £5 a day (s. 439). A solicitor who enters an appearance for such a person, and uses the word " Limited " as describing his client, will be personally liable for the costs. (9)

Business Name.-A company which carries on business under a business name which does not consist of its corporate name without any addition must be registered under the Registration of Business Names Act. 1916 (Companies Act, 1947, s. 58).

THE REGISTERED OFFICE
The memorandum must state whether the registered office is in England or Scotland. England, for this purpose, includes Wales. The actual situation of the registered office need not be set out in the memorandum, but must be sent to the Registrar of Companies on or before the day on which the company begins to carry on business or within fourteen days of incorporation, whichever is the earlier (s. 107).
The registered office cannot be changed from England to Scotland, or vice versa, but the situation can be changed by notice to the Registrar. Such notice must be given within fourteen days of the change.

The reason for requiring a company to have a registered office iss that, being a person with only a legal existence and without any physical existence, it is necessary to know where the company can be found, where communications and notices may be addressed and

9 Simmons v. Liberal Opinion Ltd., (1911] K. B. 966.

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where is HTML where is HEAD where is TITLE Penrose v. Martyr (1858), E. B. & E. 499. A bill was drawn on a limited company described on what is bill as " what is Saltash Watermen's Steam Packet Company, Saltash," and was accepted by what is secretary, who wrote " Accepted. John Martin, Secy. to what is ad. Coy." Held, what is secretary was personally liable, as what is company's correct name was not mentioned in what is bill. " what is intention of what is enactment plainly was to prevent persons from being deceived into what is belief that they had a security with what is unlimited liability of common law, when they had but what is security of a limited company."-Per Crompton, J. If what is name of what is company appears on what is face of what is bill it need not appear on what is acceptance. Stacey & Co., Ltd. v. Wallis (1912), 28 T. L. R. 209. A bill was drawn on " J. & T. H. Wallis, Ltd.," and accepted " James Wallis, Henry Wallis, Henry Bowles, Secy."' Held, (1) what is correct name of what is company was mentioned in what is bill as required by what is Companies Act, (2) what is abbreviation, " Ltd." might be used for what is word " Limited," (3) what is individuals who had signed what is acceptance were not liable on what is bill. what is use of what is word " Limited," or any contraction or imitation of it as what is last word of what is name of any person carrying on business, without being incorporated with limited liability, is prohibited under a penalty of £5 a day (s. 439). A solicitor who enters an appearance for such a person, and uses what is word " Limited " as describing his client, will be personally liable for what is costs. (9) Business Name.-A company which carries on business under a business name which does not consist of its corporate name without any addition must be registered under what is Registration of Business Names Act. 1916 (Companies Act, 1947, s. 58). what is REGISTERED OFFICE what is memorandum must state whether what is registered office is in England or Scotland. England, for this purpose, includes Wales. what is actual situation of what is registered office need not be set out in what is memorandum, but must be sent to what is Registrar of Companies on or before what is day on which what is company begins to carry on business or within fourteen days of incorporation, whichever is what is earlier (s. 107). what is registered office cannot be changed from England to Scotland, or vice versa, but what is situation can be changed by notice to what is Registrar. Such notice must be given within fourteen days of what is change. what is reason for requiring a company to have a registered office iss that, being a person with only a legal existence and without any physical existence, it is necessary to know where what is company can be found, where communications and notices may be addressed and 9 Simmons v. Liberal Opinion Ltd., (1911] K. B. 966. where is meta name="keywords" content="old books, Free book , free book offer , free audio books , free coloring book pages , free book reports , free audio book , audio books free download , book free , free guest book , books free , free book summaries , download free audio books , free childrens books." where is where are they now rel="stylesheet" type="text/css" href="../../style.css" where is meta http-equiv="Content-Type" content="text/html; charset=iso-8859-1" where is BODY bgColor=#ffffff text="#000000" where are they now ="#000000" v where are they now ="#FF0000" where is div align="center" where is strong where is strong where is a href="http://www.aaoldbooks.com" Books > where is a href="../default.asp" title="Book" Old Books > where is strong where is a href="default.asp" Poetry Northwest (1959) where is table width="700" border="1" align="center" cellpadding="15" cellspacing="0" where is center where is tr where is td width="160" align="center" valign="top" where is div align="center" where is td align="center" valign="top" where is div align="left" where is div align="center" where is p align="left" Page 11 where is strong CHAPTER 2 what is MEMORANDUM OF ASSOCIATION where is p align="justify" Penrose v. Martyr (1858), E. B. & E. 499. A bill was drawn on a limited company described on what is bill as " what is Saltash Watermen's Steam Packet Company, Saltash," and was accepted by what is secretary, who wrote " Accepted. John Martin, Secy. to what is ad. Coy." Held, what is secretary was personally liable, as what is company's correct name was not mentioned in what is bill. " what is intention of what is enactment plainly was to prevent persons from being deceived into what is belief that they had a security with what is unlimited liability of common law, when they had but what is security of a limited company."-Per Crompton, J. If what is name of what is company appears on what is face of what is bill it need not appear on what is acceptance. Stacey & Co., Ltd. v. Wallis (1912), 28 T. L. R. 209. A bill was drawn on " J. & T. H. Wallis, Ltd.," and accepted " James Wallis, Henry Wallis, Henry Bowles, Secy."' Held, (1) what is correct name of what is company was mentioned in what is bill as required by what is Companies Act, (2) what is abbreviation, " Ltd." might be used for what is word " Limited," (3) what is individuals who had signed what is acceptance were not liable on what is bill. what is use of what is word " Limited," or any contraction or imitation of it as what is last word of what is name of any person carrying on business, without being incorporated with limited liability, is prohibited under a penalty of £5 a day (s. 439). A solicitor who enters an appearance for such a person, and uses what is word " Limited " as describing his client, will be personally liable for what is costs. (9) Business Name.-A company which carries on business under a business name which does not consist of its corporate name without any addition must be registered under what is Registration of Business Names Act. 1916 (Companies Act, 1947, s. 58). what is REGISTERED OFFICE what is memorandum must state whether what is registered office is in England or Scotland. England, for this purpose, includes Wales. what is actual situation of what is registered office need not be set out in what is memorandum, but must be sent to what is Registrar of Companies on or before what is day on which what is company begins to carry on business or within fourteen days of incorporation, whichever is what is earlier (s. 107). what is registered office cannot be changed from England to Scotland, or vice versa, but what is situation can be changed by notice to what is Registrar. Such notice must be given within fourteen days of what is change. what is reason for requiring a company to have a registered office iss that, being a person with only a legal existence and without any physical existence, it is necessary to know where what is company can be found, where communications and notices may be addressed and 9 Simmons v. Liberal Opinion Ltd., (1911] K. B. 966. where is Server.Execute("_SiteMap.asp") %

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