New Zealand Gazette – 1935 – No. 58

Page 2241

✨ Samoa Companies Order 1935



  1. Save so far as otherwise expressly or by necessary implication provided by this Order, the provisions of the Companies Act, 1933 (hereinafter called “the Act”), shall be in force in Samoa.

  2. (1) In the application of the Act to Samoa, unless inconsistent with the context, there shall be substituted for the respective terms set out in the First Column of the Schedule to this clause the corresponding terms set out in the Second Column of the said Schedule.

Schedule.

First Column. Second Column.
Audit Office .. .. .. } The Auditor mentioned and described in the Samoa Treasury Regulations, 1930.
Controller and Auditor-General .. } Administrator of Western Samoa.
Attorney-General The High Court of Western Samoa.
Court Western Samoa Gazette.
Supreme Court Administrator of Western Samoa.
Gazette Western Samoa.
Minister of Justice Samoan Treasury.
New Zealand Stamp Duties Ordinance, 1932.
Public Account
Consolidated Fund
Stamp Duties Act, 1923

(2) In the application of the Act to Samoa the term “existing companies” shall include companies incorporated or deemed to be incorporated under the Samoa Companies Order, 1922.

(3) If by reason of the non-existence in Samoa of any official or matter referred to in the Act, or for any other reason a difficulty arises in the application of the Act to Samoa, it shall be lawful for the Court on the application of any person claiming to be affected to give such direction as it thinks proper for any special modification of the Act in its application to Samoa, and every such direction shall have effect according to its tenor as if it had been a provision of this Order.

  1. No Act referred to in the Act shall be deemed to be applicable to Samoa by reason only of such reference.

PART I.—GENERAL MODIFICATIONS.

  1. The Registrar of the High Court for the time being shall be Registrar of Companies in Samoa, and the office for registration of companies shall be the office of the said Registrar.

  2. The seal of the Registrar of Companies in Samoa shall be the Royal Arms, having the words “Western Samoa, Registrar of Companies” encircling the Arms.

  3. Articles and memoranda of association shall be charged with stamp duty as provided by the Stamp Duty Ordinance, 1932.

  4. No certificate of incorporation shall be issued by the Registrar of Companies unless it shall appear to the Registrar from the memorandum of association of the proposed company that the objects for which the proposed company is to be established have relation principally to Samoa or the Union Islands, and that the business of the proposed company or a material part of such business is to be carried on in Samoa or the Union Islands.

  5. Any person aggrieved by a refusal of the Registrar of Companies to issue a certificate of incorporation may apply by motion to the High Court to review such refusal, and the said Court make such order in the premises as it shall think fit.

  6. Every order of the Court made under the last preceding clause hereof shall take effect according to its tenor and shall be final.



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✨ LLM interpretation of page content

🌏 Samoa Companies Order 1935 (continued from previous page)

🌏 External Affairs & Territories
5 August 1935
Order in Council, Samoa Companies Order 1935, Samoa Act 1921, Samoa