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Special Committee Companies Bill, 1962 debate -
Wednesday, 10 Apr 1963

SECTION 356.

Question proposed: " That Section 356 stand part of the Bill."

Subsection (1) is the same as subsection (2) of Section 274 of the old Act. Subsection (2) is new. At present there is no provision for effecting service on a foreign company which has not registered here the name of a person to accept service in its behalf. This is now being remedied by providing that in these circumstances a document may be served on a foreign company by leaving it, or sending it by post, to any place of business established by the company in this country.

That is a very desirable amendment to the old law.

You say " send by post to the address ". Is that ordinary post?

Ordinary post is what is envisaged.

I wonder would it be desirable to make that more explicit?

I do not think we differentiate in any part of the Act between " ordinary post " and " post ". " Post " is construed as ordinary post, if some other form is not provided for.

Receipt of one can be denied whereas receipt of the other cannot.

From the point of view of service, it would be much better to have the term " ordinary post ". You can then say it is posted and that is that.

Question put and agreed to.
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