Page:United States Statutes at Large Volume 42 Part 1.djvu/881

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SIXTY-SEVENTH CONGRESS. Sess. II. Ch. 346. 1922. 853 ferred upon the stockholders. In the exercise of such powers the directors may appoint and remove and fix the compensation of such oflicers and employees of the corporation as they deem advisable. maronrs Arm INSPECTION or Rncomus. Sec. 12. (a) For the p1u·poses of this Act the fiscal year of a F'S¢¤*Y°•¤- China Trade Act corporation shall correspond to the calendar year. The corporation shall make and Hle with the registrar, i.n such manner “’p°"*’* °° and form and at such time as shall be b regulation fprescribed, a . report of its business for each such fiscaly year and 0 its financial condition at the close of the ear. The corporation shall furnish a ug°Pi°S *¤ S¤<>¤k¤¤¤d· true copy of the report to eaclii of its stockho ders. _ _ (b) e registrar shall file with the Secretary copies of all reports, S Reesmwtgiehésoyigg certificates, and certified copies received or issue by the registrar repmaetc. under the provisions of this Act. The Secretary sha 1 file with the r S9¤°*%°p}gS§,}g“*{,§ registrar copies of all a plications for a certificate of incorporation, cati0¤s,etc. pp and certificates received) or issued by the Secretary under the provisions of this Act. All such papers shall be kept on record in the I¤=P°°“°¤·°¤=· offices of the registrar and the Secretary, and shall be available for public inspection under such regulations as may be prescribed. Drvrnmzns. Sec. 13. Dividends declared by a China Trade Act corporation ¤1¤Iiiiei71iih°§°i°r¤i¤(ipii°¤1iiuiii shall be derived wholly from the surplus profits of its business. rznvooarrorz or cnarmcarn or INCORPORATION. ,,_{';,°,§"{,’§‘,,‘},¥}';,,,‘},§§,if,}{"‘ Sec. 14. The registrar may, in order to ascertain if the affairs ,J,'{,§$,$,l§g?§§§ °' of a China Trade Act corporation are conducted contrary to any provision of this Act, or any other law, or any treaty of the United • tates, or the articles of incorporation or by—laws of the corporation, Mmmm 0, W investigate the affairs of the corporation. The registrar, whenever ceedmss in compzw he is satisfied that the affairs of any China Trade Act corporation °m"'°‘ are or have been so conducted, may institute in the United States Court for China pxroceedings for the revocation of the certificate of _,mm,mm Ofmm incorporation of the corporation. The court may revoke such certificate 1f it finds the affairs of such corporation have been so conducted. Pending final decision in the revocation proceedings the court may, at any time, u on application of the registrar or upon its own motion, make such ordiers in respect to the conduct of the affairs of the corporation as it deems advisable. Sec. 15. (a) For the eiiicient administration of the functions ,,,{,*£"¤Q',g?g,§;§f vested in the registrar by this Act, he may require, bfy subpoena issued g¤¤¤.vrgd¤·{¤i<g¤h;>!{§_¤· by him or under his direction, (1) the attendance 0 any witness and °°°°’° °" ° the production of any book, paper, document, or other evidence from any place in China at any designated place of hearing in China, or, 1f the witness is actually resident or temporarily sojourning outside of China, at any designated lace of hearing within fifty miles D of the actual residence or place oi) so`o1u·n of such witness, and (2) °°°°m°°“' the taking of a deposition before any designated person having power to admimster oaths. In the case of a deposition the testimony shall be reduced to writing by the rson taking the deposition or under direction, and shall then hg subscribed by the tdeeponent. The registrar, or any officer, employee, or agent of the Uni States E‘“'““‘“"'“· authorized in writing by him, may administer oaths and examine 8115* Witness. Any witness summoned or whose deposition is taken, W { Under this section, shall be aid the same fees and mileage as are paid “°°°° °°°° witnesses in the courts of the United States.