This is the same as Section 102 of the 1908 Act, with just some minor changes.
SECTION 92.
Question proposed : " That Section 92 stand part of the Bill ".
Under subsection (4), is there a provision adequate to ensure that if a person trying to be difficult asks for an inspection at an awkward time, notwithstanding the—
" But subject to such reasonable restrictions ".
I came across a case recently where there was a provision that between 10 and 12 noon every day a register would be open for inspection. A general meeting of the company, at which the register was required, was being held at 10.30 a.m. A person came in at 10.20 to inspect that register and was told it was not there, that it had been brought across from the registrar's office to the meeting place, and he kicked up a row. That seemed unreasonable. I think, under subsection (4) here, the secretary, who had done a private job to ensure that the register was available at the meeting, would in fact be liable for penalty. The case I am thinking of was a shareholders' case but it operates mutatis mutandis.
Mr. Lynch
The company, in its general meeting, could impose restrictions so worded as to deal with situations of that kind.
I do not think it was two hours, but some office hours or some provision like that in the case I had.
It would of course be impossible to deal in the Bill with every eventuality that might arise.
With most of them.
If a company, in general meeting, prescribes the hours during which a register shall be open for inspection, surely it is open to the company at the new session to make reasonable provision to cover its officers and board of directors if the officers or board of directors may require the register to be before them for a certain period ?
I think it could be covered in another way—" shall be liable to a fine not exceeding. . . ." He might be liable but I think he would have his defence there. That is all right. I had not thought of it that way.
Question put and agreed to.