โœจ Samoa Companies Order 1935




Aug. 15.]
THE NEW ZEALAND GAZETTE.
2243

  1. Save as provided in clause twenty-nine hereof, it shall not be
    lawful for a Samoan to be or become a member of a company.

  2. Every contract, whether verbal or in writing, and every deed
    or other document whereunder a Samoan is made or becomes or purports
    or agrees to be made or to become either presently or in the future a
    member of a company shall be void and of none effect:

Provided, however, that any money or other consideration or the
value thereof paid or given by a Samoan under any such contract, deed,
or other document may be recovered by action by any member of the
Samoan Public Service authorized thereunto by the Administrator.

  1. Any money or other consideration recovered under the pro-
    visions of the proviso to the last preceding clause hereof shall be held
    in trust for the Samoan in respect of whom the action was commenced.

  2. Every person who gives, sells, barters, or disposes of, or offers
    to give, sell, barter, or dispose of, any share or interest in a company
    to a Samoan, or who procures or takes part in procuring the signature
    of a Samoan to any memorandum of association, application for
    allotment, or transfer of shares in a company, or who enters into any
    contract, either verbally or in writing or by deed or other document,
    whereunder a Samoan is made or becomes or purports or agrees to be
    made or to become either presently or in the future a member of a
    company commits an offence punishable by a fine of one hundred
    pounds.

  3. The provisions of this part of this Order shall not apply toโ€”
    (a) Labour shares issued under the provisions of section fifty-nine
    of the Act:
    (b) Shares or interests in companies acquired or held by a Samoan
    as trustee for a European:
    (c) Any contract by a Samoan to perform or supply manual labour
    in consideration of a share of the profits arising out of
    the undertaking or enterprise in respect of which the service
    of labour shall be performed.

  4. The Administrator may by Warrant under his hand and
    subject to such terms and conditions as he may think fit to impose
    permit a Samoan to become a member of a company.

  5. The provisions of the Act and of this Order and of the
    memorandum or articles of association of a company relating to
    membership and shares, and of the Partnership Act, 1908, and of every
    contract or deed of partnership shall in respect of a Samoan member
    of a company be read subject always to the terms and conditions of
    the permit granted under the last preceding clause hereof.

  6. If any shares or interest in a company shall devolve upon a
    Samoan by bequest, upon an intestacy, or otherwise by operation of
    law, and the Administrator shall refuse to grant a permit under the
    provisions of clause twenty-nine hereof, such shares or interest shall
    immediately vest in the Samoan Public Trustee upon trust to sell the
    same and pay the proceeds of such sale to the Samoan beneficiary.

PART III.โ€”GENERAL.

  1. The Samoa Companies Order, 1922, shall be deemed to be
    revoked on the coming into operation of this Order, and section three
    hundred and eighty-four of the Act shall apply to that Order as if that
    Order were mentioned in the Twelfth Schedule of the Act.

A. W. MULLIGAN,
Acting Clerk of the Executive Council.



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๐ŸŒ Samoa Companies Order 1935 (continued from previous page)

๐ŸŒ External Affairs & Territories
5 August 1935
Order in Council, Samoa Companies Order 1935, Samoa Act 1921, Samoa
  • A. W. Mulligan, Acting Clerk of the Executive Council