Register and receiver

“ Registered claims recorded in the books or records of the bank shall be admitted by the
receiver as recorded without further proof, except that claims registered for an amount that is
less than the amount recorded by the bank shall be admitted only for the lesser amount.
3. Creditors of the bank with claims secured by a mortgage or lien resting on assets of the
bank may register their claims for the amount by which the amount of the claim exceeds the
expected sales value of the asset in a public auction or the market value as determined by an
independent appraiser. ”

“ Provided that where the validity of an assignment or transmission is in dispute between the parties, the Registrar may refuse to register the assignment or transmission until the rights of the parties have been determined by a competent court. ”

“ If two or more persons shall apply at the same time for the same tract, the register shall immediately determine by lot, in the presence of the parties, which of them shall have preference. He shall file the receipt for monies produced by the party, and give him a copy of his entry, and if required, a copy of the description of the tract, and a copy of the plat of the same, or either of them ”

“ In the case where the registered member is not the beneficial owner, the company should be required to record, not in the register, but in another book, the nationality of the beneficial owner as disclosed by the declaration, and, as regards the latter book, to record the nationality of any new beneficial owner when and as disclosed by the registered member. ”

“ That every rector, vicar, curate, and every registrar, registering officer, and secretary, who shall have the keeping, for the time being, of any register book of births, deaths, or marriages, shall at all reasonable times allow searches to be made of any register book in his keeping, and shall give a copy, certified under his hand, of any entry or entries in the same, on payment of the fee hereinafter mentioned; that is to say, for every search extending over a period not more than one year, the sum of 1s., and 6d. ”

“ The Secretary's regulation 12 of chapter IV, already quoted, on which the Government relies, plainly does not call for any statement of a registrant's activities. It only declares that agents who engage in activities 'whether or not on behalf of their foreign principal' are subject to registration. It requires no statement of their activities and adds nothing to the command of §§ 2 and 3 that all agents of foreign principals shall register, a requirement with which petitioner complied. ”

“ Rectification by High Court
25.— (1) Where it appears to the High Court, as a result of evidence adduced before it by an applicant, that any particular recorded in the register is erroneous or defective, the High Court may, by order, direct the Registrar to rectify the register on such terms and conditions as seem to the High Court just and expedient.
(2) The Registrar must upon receipt of the High Court’s order under subsection (1) rectify the register accordingly. ”

“ An able receivership often results in the adjustment of difficulties and the return of the property to its owners on a paying basis. While in the case of assignee the appointment is by the individual, partnership, or corporation executing the deed of assignment which specifies the powers and duties of the assignee, in the case of receiver the appointment is by a court and the company so appointed acts as an appointee or ministerial officer of the court, and as such is directly subject to the court's orders. ”

“ Agency—Ratification.—A, a collector employed by B, deposited in the defendant bank, without the knowledge of B, certain sums of money, designating as payee in the bank register “B, by A.” Six certificates of deposit at different times were thus issued to A, payable to the order of B, and all were subsequently paid to A, upon being indorsed “B, by A.” The certificates of deposit were never in B’s possession, and it did not appear but that each new certificate was procured partly or wholly with funds derived from payment of the previous one. ”

“ Any person aggrieved by the absence or omission from the register of any entry, or by any entry made in the register without sufficient cause, or by any entry wrongly remaining on the register, or by any error or defect in any entry in the register, may apply in the prescribed manner to the Appellate Board or to the Registrar, and the tribunal may make such order for making, expunging or varying the entry as it may think fit. ”

“ The Registrar or any officer of the Trade Marks Registry shall not, in any legal proceedings to which he is not a party, be compellable to produce the register or any other document in his custody, the contents of which can be proved by the production of a certified copy issued under this Act or to appear as a witness to prove the matters therein recorded unless by order of the court made for special cause.
Power to require goods to show indication of origin. ”

“ In this case, if the transfer agent has entered the name and address of the transferee in the part of a set of the register of shareholders, the entry of a change of holders under paragraph (1) shall be deemed to have been duly effected.
Article 338 (Pledging of Registered Shares)
(1) In order to have a registered share pledged, the share certificate shall be delivered to the pledgee.
(2) Without being in possession of the share certificate, a pledgee shall not assert his pledge right against third persons. ”

“ The practical effect is that a purchaser can, by searching the register, find out exactly what deeds he ought to inquire for, and receives an assurance that if, after completion, he registers his own conveyance, no other deeds—even if they exist—will prevail against him. ”

“ Organizations required to register must report, inter alia, the names and addresses of their officers, branch officers and contributors, a detailed desr iption of their activities, and a detailed statement of assets, and must file copies of publications which they issue or distribute; registration statements must be kept up to date and are to be open for public examination. ”

“ The regulation, it seems to us, is satisfied when the registrant, in good faith, provides a chain of forwarding addresses by which mail, sent to the address which is furnished the board, may be by the registrant reasonably expected to come into his hands in time for compliance. ”

“ If upon the presentation of a certificate for transfer they are at all doubtful of the identity of the party offering it with its owner, or if not satisfied of the genuineness of a power of attorney produced, they can require the identity of the party in the one case, and the genuineness of the document in the other, to be satisfactorily established before allowing the transfer to be made. ”

“ If there are encumbrances, the register states their amount and who are entitled to them. The purchaser then usually1 prepares a conveyance or transfer of the land (generally in a short printed form issued by the registry) , and the vendor executes it in exchange for the purchase money. If there are mortgages, he pays them off to the persons named in the register as their owners, and they concur in a discharge. He then presents the executed instruments at the registry, and is entered as owner of the land instead of the vendor, the mortgages, if any, being cancelled. ”

“ Third. Petitioners contend that, standing by themselves, sections 4 (a) and 5 transgress constitutional restrictions. These sections have three parts. Section 5 (a) provides for the filing of a notification of registration. Section 5 (b) makes it the duty of every registered holding company to file a registration statement, with documents and certain detailed information, within a reasonable time after registration. ”

“ The delivery of a bill of exchange signed and indorsed in blank only authorizes the receiver, as between himself and the drawer and indorser, to fill it up in conformity with the authority given him. If there has been no agreement, the authority is general ”

“ Registry under a particular name may be refused if in the opinion of the registrar the name is likely to deceive the members or the public as to the nature of the society or as to its identity. It is the duty of the chief registrar, among other things, to require from every society a return in proper form each year of its receipts and expenditure, funds and effects; and also once every five years a valuation of its assets and liabilities. ”

“ We shall refer to offerees who have not been furnished registration information directly, but who are in a position relative to the issuer to obtain the information registration would provide, as having "access" to such information. By a position of access we mean a relationship based on factors such as employment, family, or economic bargaining power that enables the offeree effectively to obtain such information. ”

“ But treating item 11 of the Supplemental Registration Statement ('Comprehensive statement of nature of business of registrant') , prescribed by the Secretary, as a regulation fixing the details of the registrant's activities which he is required to state, it must either be taken as limited to a statement of his activities as agent, to which § 3 (c) alone refers, or to exceed the authority conferred upon the Secretary by that section. ”

“ Registration laws are of statutory origin, and the statute must in each case be examined to determine what instruments are to be recorded, where they are to be recorded, and the effect of a failure to record. ”

“ Those paid for by the receiver.
The first class, or that containing letters of correspondence of which each pays for one, comprises probably five-sixths of the whole number of letters conveyed, and would be practically unaffected by the plan of invariable payment in advance; for it is obvious that so long as each party pays for one letter, it can be of no consequence whether he pays on the dispatch of his own, or on the receipt of his correspondent's. ”

“ An extension of the time for registering may be granted by the court, but it will only be without prejudice to the rights of third persons acquired before actual registration. These provisions for registration as amended are contained in the Companies Act 1908 (§ 93) . ”

“ Examination of the entry is usually made by the entry clerk, and if found to be correct, the collector proceeds to estimate the duties 'on the invoice, value, and quantity,' and if the estimated amount of duty is paid or secured to be paid as required by law, the collector certifies the invoice and grants a permit in due form for the delivery of the cargo, first designating the packages, one in ten, to be sent to the public store for examination, and marking the same on the entry, invoice, and permit. ”

“ The 12th directs that a transferrible certificate shall be given to each proprietor, prescribes its form, directs it to be recorded, and declares that it shall be complete evidence to such person, of his right in the purchase. No assignee is admitted as a member, to vote in the affairs of the company, until his assignment shall be recorded. The 13th declares, that no certificate shall issue for less than one share, and that the holder of any certificate for a larger quantity, may, at any time, surrender it to the trustees, and take out others for such quantities as he may choose. ”

“ The principle next in importance prescribes that registration per se and alone shall give validity to transactions affecting land. Deposit of duplicate of the instrument, together with the record of the transaction by memorandum entered in the book of registration and endorsed on the grant by the Registrar-General, to constitute registration. This method is designed to give confidence and security to purchasers and mortgagees, through the certainty that nothing affecting the title can have existence beyond the transactions of which they have notice in the memoranda endorsed on the grant. ”

“ The said receipts, warrants, or certificates may be transferred by indorsement thereof; and any person to whom the same may be transferred shall be deemed and taken to be the owner of the goods, wares, and merchandise therein specified, so far as to give validity to any pledge, lien, or transfer made or created by such person or persons; but no property shall be delivered except on surrender and cancellation of said original receipt, warrant, or certificate. ”

“ Where a subordination has been registered and the obligations of the debtor to the beneficiary of the subordination have been discharged, the beneficiary shall procure the discharge of the registration no later than ten calendar days after written demand by the subordinated party delivered to or received at the beneficiary’s address stated in the registration. ”

“ Foreign corporations shall, before they are authorized or permitted to do any business in this state, make and file a certificate, signed by the president and secretary of such corporation, duly acknowledged, with the secretary of state, and in the office of the recorder of deeds of the county in which such business is carried on, designating the principal place where the business of such corporation shall be carried on in this state, and an authorized agent or agents in this state residing at its principal place of business upon whom process may be served ”