Skip to main content
Normal View

Special Committee Registration of Business Names Bill, 1963 debate -
Friday, 12 Jul 1963

SECTION 19.

Question proposed : " That Section 19 stand part of the Bill."

" A director or secretary "—who else is an officer of a body corporate?

It all depends really. You cannot define it.

It depends on the function being discharged. If you made an attempt to define " officer " and included, say, " auditor ", it could be most unfair. There are a lot of duties with which a firm or company must comply which would not be the function of the auditor at all. Similarly there are certain things the accountant has to do ond which are outside the province of the secretary.

Do you intend this section to include the clerk in the secretary's office who did not file the notice knowingly? Surely that is wrong. Surely the person who must be made amenable is the secretary or director, as the case may be. Actually, I think I see the answer to this. We are providing that a certificate of registration shall be exhibited everywhere the person trades and in a branch office the person who might be responsible for seeing that it is exhibited would be the manager. An " officer " should cover that person. If the secretary sent out the notice to the branch office, it is the manager's responsibility to see that it is exhibited.

Question put and agreed to.
Section 20 agreed to.
Top
Share