All sections · Part IX: Charges Over Company Property
179 收费登记册
This section has been amended. The text above is the 2016 wording; the amending provisions follow.
(1)公司应在其塞舌尔的注册办事处保存一份登记册,记录公司设立的所有相关费用和先前存在的费用,称为费用登记册,其中应说明每项费用 --
(a) 如果是本公司设立的费用,则为其设立日期,如果是本公司收购的财产上存在的费用,则为该财产的收购日期。
(b) 对抵押所担保的责任的简要描述; (c) 对抵押的财产的简要描述。
(d) 抵押品接收人的姓名和地址,他可以作为受托人或其他人的抵押品代理人。
(e) 设立抵押的文书中包含的任何禁止或限制的细节,根据该文书,公司被授权设立一个未来的抵押,该抵押具有优先权或与该抵押同等的地位。
(2) 费用登记册可以采用董事批准的形式,但如果是磁性、电子或其他数据存储,公司必须能够提供其内容的可读证据。
(3) 违反第(1)款的公司,可就违反行为持续的每一天或部分时间,被处以100美元的罚款和25美元的额外罚款。
(4) 董事明知故犯地允许违反第(1)款的规定,可处以100US$的罚款,并就违反行为持续期间的每一天或部分时间追加25US$的罚款。
(a) 如果是本公司设立的费用,则为其设立日期,如果是本公司收购的财产上存在的费用,则为该财产的收购日期。
(b) 对抵押所担保的责任的简要描述; (c) 对抵押的财产的简要描述。
(d) 抵押品接收人的姓名和地址,他可以作为受托人或其他人的抵押品代理人。
(e) 设立抵押的文书中包含的任何禁止或限制的细节,根据该文书,公司被授权设立一个未来的抵押,该抵押具有优先权或与该抵押同等的地位。
(2) 费用登记册可以采用董事批准的形式,但如果是磁性、电子或其他数据存储,公司必须能够提供其内容的可读证据。
(3) 违反第(1)款的公司,可就违反行为持续的每一天或部分时间,被处以100美元的罚款和25美元的额外罚款。
(4) 董事明知故犯地允许违反第(1)款的规定,可处以100US$的罚款,并就违反行为持续期间的每一天或部分时间追加25US$的罚款。
Translation for information only. Only the English original is legally binding.
Original wording (English, legally binding): Register of charges
(1) A company shall keep at its registered office in Seychelles a register of
all relevant charges and pre-existing charges created by the company, to
be known as its register of charges, specifying in respect of each charge
—
(a) if the charge is a charge created by the company, the date of its
creation or, if the charge is a charge existing on property acquired
by the company, the date on which the property was acquired;
(b) a short description of the liability secured by the charge;
(c) a short description of the property charged;
(d) the name and address of the chargee, who may be acting as a
trustee or security agent for other persons;
(e) details of any prohibition or restriction, if any, contained in the
instrument creating the charge on the power of the company to
create any future charge ranking in priority to or equally with the
charge.
(2) The register of charges may be in such form as the directors may approve
but if it is in magnetic, electronic or other data storage form, the company
must be able to produce legible evidence of its contents.
(3) A company that contravenes subsection (1) shall be liable to a penalty fee
of US$100 and an additional penalty fee of US$25 for each day or part
thereof during which the contravention continues.
(4) A director who knowingly permits a contravention under subsection (1)
shall be liable to a penalty fee of US$100 and an additional penalty fee
of US$25 for each day or part thereof during which the contravention
continues.
all relevant charges and pre-existing charges created by the company, to
be known as its register of charges, specifying in respect of each charge
—
(a) if the charge is a charge created by the company, the date of its
creation or, if the charge is a charge existing on property acquired
by the company, the date on which the property was acquired;
(b) a short description of the liability secured by the charge;
(c) a short description of the property charged;
(d) the name and address of the chargee, who may be acting as a
trustee or security agent for other persons;
(e) details of any prohibition or restriction, if any, contained in the
instrument creating the charge on the power of the company to
create any future charge ranking in priority to or equally with the
charge.
(2) The register of charges may be in such form as the directors may approve
but if it is in magnetic, electronic or other data storage form, the company
must be able to produce legible evidence of its contents.
(3) A company that contravenes subsection (1) shall be liable to a penalty fee
of US$100 and an additional penalty fee of US$25 for each day or part
thereof during which the contravention continues.
(4) A director who knowingly permits a contravention under subsection (1)
shall be liable to a penalty fee of US$100 and an additional penalty fee
of US$25 for each day or part thereof during which the contravention
continues.
Amended since 2016
Act 32 of 2021 · 2021-08-02
40. Section 179 of the principal Act is amended —
(i) in subsection (3), by repealing the words “of US$100 and an
additional penalty fee of US$25for each day or part thereof
during which the contravention continues”, and substituting
therefor the words “not exceeding US$5,000”;
(ii) in subsection (4), by repealing the words “of US$100 and an
additional penalty fee of US$25 for each day or part thereof
during which the contravention continues”, and substituting
therefor the words “not exceeding US$5,000”.
(i) in subsection (3), by repealing the words “of US$100 and an
additional penalty fee of US$25for each day or part thereof
during which the contravention continues”, and substituting
therefor the words “not exceeding US$5,000”;
(ii) in subsection (4), by repealing the words “of US$100 and an
additional penalty fee of US$25 for each day or part thereof
during which the contravention continues”, and substituting
therefor the words “not exceeding US$5,000”.