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Form of instrument filing;

4. (1) Whenever any provision of this Ordinance requires any
instrument to be filed with the Registrar of Companies,
such instrument shall comply with the provisions of this
Part unless otherwise expressly provided by a law.
(2) Every instrument referenced herein, filed or required to
be filed, shall be in the English language, except that the
corporate name may be in another language if written in
English letters or characters.
(3) All instruments shall be signed by all directors; or, by
the president, vice president or managing director, and by
the secretary or an assistant secretary.
(4) Whenever any provision of this Ordinance requires an
instrument to be acknowledged, such requirement means in
the case of execution of an instrument within Nevis that:
(i) The person signing the instrument shall
acknowledge that it is his act and deed or that it is
the act and deed of the corporation, as the case may
be; and
(ii) The instrument shall be acknowledged before a
notary public, commissioner for oaths or other
person authorized to take acknowledgments, who
shall attest that he knows the person making the
acknowledgment to be the person who executed the
instrument.
(5) In the case of the execution of an instrument outside of
Nevis, an acknowledgment shall mean:
(i) The person signing the instrument shall
acknowledge that it is his act and deed or that it is
the act and deed of the corporation, as the case may
be; and
(ii) The instrument shall be acknowledged before a
notary public or any other person authorized to take
acknowledgments according to the laws of the place
of execution, or a consul or vice-consul of St. Kitts
and Nevis or other governmental official of St. Kitts
or Nevis authorized to take acknowledgments or, in
their absence. A consular official of another
government having diplomatic relations with St.
Kitts and Nevis, and such notary, person, consul or
vice-consul shall attest that he knows the person
making the acknowledgment to be the person who
executed the instrument; and
(iii) When the acknowledgment shall be taken by a
notary public or any other person authorized to take
acknowledgments, except a governmental official of
St. Kitts or Nevis or foreign consular official, the
signature of such person who has authority shall be
attested to by a consul or vice-consul of the Nation
of St. Kitts and Nevis or, in his absence, by a
consular official of another government having
diplomatic relations with St. Kitts and Nevis, or a
government official of the place of execution who is
authorized to make such attestation, or an Apostille
according to the Convention de la Haye de 5
Octobre 1961.
(6) Whenever any provision of this Ordinance requires any
instrument to be filed with the Registrar of Companies,
such requirement means that:
(i) An appropriate receipt evidencing payment of all
appropriate fees shall be delivered to the office of
the Registrar of Companies and, within ten days of
the date of the receipt, the original instrument
together with a duplicate instrument, both signed
and acknowledged:
(ii) Upon delivery of the original signed and
acknowledged instrument with the required receipt
and an exact signed and acknowledged copy, the
Registrar of Companies shall certify that the
instrument has been filed in his office by endorsing
the word "Filed" and the date of the required receipt
upon the original instrument. Said date shall be the
filing date;
(iii) The Registrar of Companies shall compare the
duplicate signed and acknowledged copy with the
original signed and acknowledged instrument, and
if he finds that the text is identical, shall affix on the
duplicate copy the same endorsement of filing as he
affixed on the original. The said original, as
endorsed, shall be returned to the corporation. The
endorsement constitutes the certificate of the
Registrar of Companies that the document is a true
copy of the instrument filed in his office and that it
was filed as of the date stated in the endorsement;
and
(iv) Any instrument filed in accordance with
subsection (ii) shall be effective as of the filing date
stated thereon.
(v) Upon the filing of any instrument the Registrar
of Companies shall issue a certificate of
endorsement under his hand and seal certifying that
the instrument is filed.
(7) Any instrument relating to a domestic or foreign
Corporation and filed with the Registrar of Companies
under this Ordinance may be corrected with respect to any
error apparent on the face or defect in the execution thereof
by filing with the Registrar of Companies a certificate of
correction, executed and acknowledged in the manner
required for the original instrument. The certificate of
correction shall specify the error or defect to be corrected
and shall set forth the portion of the instrument in correct
form. The corrected instrument when filed shall be
effective as of the date the original instrument was filed.

 

 

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