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Nevis Business Corporation Ordinance 1984 - Intax Info

Nevis Business Corporation Ordinance 1984 - Intax Info

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of the restriction. Any restriction which absolutely prohibits the transfer of shares shall be null and void.<br />

(2) Restrictions on the transfer of shares include those which:<br />

(i)<br />

(ii)<br />

Obligate the holder of the restricted shares to offer to the corporation or to any other<br />

holders of securities of the corporation or to any person or to any combination of the<br />

foregoing, a prior opportunity, to be exercised within a reasonable time, to acquire<br />

the restricted shares: or<br />

Obligate the corporation or any holder of shares of the corporation or any other<br />

person or any combination of the foregoing, to purchase at a specified price the<br />

shares which are the subject of an agreement respecting the purchase and sale of the<br />

restricted securities.<br />

(3) Any transfer restriction adopted under this section shall be noted on the face or the back of the stock<br />

certificate.<br />

(4) Any person becoming entitled by operation of law or otherwise to a share or shares in consequence of<br />

the death, insanity or bankruptcy of any shareholder of a corporation incorporated under this <strong>Ordinance</strong> may be<br />

registered as a shareholder upon such evidence being produced as may reasonably be required by the directors.<br />

An application by any such person to be registered as a shareholder shall for all purposes be deemed a transfer<br />

of shares of the deceased, insane or bankrupt shareholder and the directors shall treat it as such.<br />

Subscription for shares<br />

33.(1) A subscription for shares of a corporation to be organized shall be irrevocable for a period of six<br />

months from its date unless otherwise provided by the terms of the subscription agreement or unless all of the<br />

subscribers consent to the revocation of such subscription.<br />

(2) A subscription, whether made before or after the formation of a corporation, shall not be enforceable<br />

unless in writing and signed by the subscriber.<br />

(3) Unless otherwise provided in the subscription agreement, subscriptions for shares, whether made<br />

before or after the organization of a corporation, shall be paid in full at such time, or in such installments and at<br />

such times, as shall be determined by the board of directors. Any call made by the board of directors for<br />

payment on subscriptions shall be uniform as to all shares of the class or as to all shares of the same series, as<br />

the case may be.<br />

(4) In case of default in the payment of any installment or call when such payment is due, the corporation<br />

may proceed to collect the amount due in the same manner as any debt due the corporation. The bylaws may<br />

prescribe a penalty for failure to pay installments or calls that may become due, but no penalty working a<br />

forfeiture of a subscription, or of the amounts paid thereon, shall be declared as against any subscriber unless the<br />

amount due thereon shall remain unpaid for a period of thirty days after written demand has been made therefor.<br />

If mailed, such written demand shall be deemed to be made when sent by registered mail addressed to the<br />

subscriber at his last post office address known to the corporation. In the event of the sale of any shares by<br />

reason of any forfeiture, the excess of proceeds realized over the amount due and unpaid on such shares shall be<br />

paid to the delinquent subscriber or to his legal representative. If no prospective purchaser offers a cash price<br />

sufficient to pay the full balance owed by the delinquent subscriber plus the expenses incidental to such sale, the<br />

shares subscribed for shall be cancelled and restored to the status of authorized but unissued shares and all<br />

previous payments thereon shall be forfeited to the corporation and transferred to surplus.<br />

(5) Subscriptions for shares of stock are transferable unless otherwise provided in a subscription<br />

agreement.<br />

Consideration for shares.<br />

17 www.bbp-net.com www.bbp-net.ru www.bbp-incorporations.co.uk

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