Companies (Consolidation) Act 1908

Interpretation, &c.

285Interpretation.

In this Act, unless the context otherwise requires, the following expressions have the meanings hereby assigned to them (that is to say):—

• “Existing company ” means a company formed and registered under the Joint Stock Companies Acts, or under the Companies Act, 1862 ;

• “Company ” means a company formed and registered under this Act or an existing company;

• “Articles ” means the articles of association of a company, as originally framed or as altered by special resolution, including, so far as they apply to the company, the regulations contained (as the case may be) in Table B. in the Schedule annexed to the [19 & 50 Vict. c. 47.] Joint Stock Companies Act, 1856, or in Table A. in the First Schedule annexed to the Companies Act, 1862, or in that Table as altered in pursuance of section seventy-one of that Act, or in Table A. in the First Schedule to this Act;

• “Memorandum ” means the memorandum of association of a company, as originally framed or as altered in pursuance of the provisions of this Act;

• “Document ” includes summons, notice, order, and other legal process, and registers ;

• “Share ” means share in the share capital of the company, and includes stock except where a distinction between stock and shares is expressed or implied ;

• “Debenture ” includes debenture stock ;

• “Books and papers ” and “books or papers ” include accounts, deeds, writings, and documents ;

• “The registrar of companies, ” or, when used in relation to registration of companies, “the registrar,” means the registrar or other officer performing under this Act the duty of registration of companies in England, Scotland, or Ireland, or in the stannaries, as the case requires;

• “The court ” used in relation to a company means the court having jurisdiction to wind up the company ;

• “Joint Stock Companies Acts ” means the Joint Stock Companies Act, 1856, the Joint Stock Companies Acts, 1856, 1857, the Joint Stock Banking Companies Act, 1857, and the Act to enable Joint Stock Banking Companies to be formed on the principle of limited liability, or any one or more of those Acts, as the case may require ; but does not include the Act passed in the eighth year of the reign of Her Majesty Queen Victoria, chapter one hundred and ten, intituled An Act for the Registration, Incorporation, and Regulation of Joint Stock Companies;

• “The Gazette ” means, as respects companies registered in England, the London Gazette ; as respects companies registered in Scotland, the Edinburgh Gazette; and, as respects companies registered in Ireland, the Dublin Gazette ;

• “Real and personal, ” as respects Scotland, means heritable and moveable ;

• “General rules ” means general rules made under this Act, and includes forms;

• "' Prescribed " means, as respects the provisions of this Act relating to the winding-up of companies, prescribed by general rales, and as respects the other provisions of this Act, prescribed by the Board of Trade ;

• “Company within the stannaries ” means a company engaged in or formed for working mines within the stannaries ;

• “The court exercising the stannaries jurisdiction ” used in relation to any proceedings means the county court in which the jurisdiction formerly exercised by the court of the vice-warden of the stannaries in respect of those proceedings is for the time being vested ;

• “Director ” includes any person occupying the position of director by whatever name called ;

• “Prospectus ” means any prospectus, notice, circular, advertisement, or other invitation, offering to the public for subscription or purchase any shares or debentures of a company.