§ 30. Mr. JOHNSTONasked the President of the Board of Trade whether he is aware that the return of Messrs. Hoskins and Son, Limited, of Trinity Street, Birmingham, to Somerset House for the year 1926 is overdue; whether he is aware that no return was filed at Somerset House during the year 1924; and whether he proposes to take any action in the matter?
§ The PARLIAMENTARY SECRETARY to the BOARD of TRADE (Sir Burton Chadwick)The annual return of a company is by Section 26 of the Companies (Consolidation) Act, 1908, required to be filed within 21 days after the first or only ordinary general meeting held in the year. It was not considered necessary to require the filing of a return for the year 1924 having regard to the fact that the particulars given in the 1923 and 1925 returns respectively are identical. The registrar has no evidence that the filing of the 1926 return is overdue.
§ Mr. JOHNSTONIs the hon. Gentleman not aware that the last return filed by this company was on 23rd March, 1925? Is not that more than a year ago and is not a return overdue?
§ Sir B. CHADWICKThe time between the last meeting and the date on which it is necessary to make a return under the Act is 15 months. There may have been a second meeting in 1925, so the Board has no evidence that the law has not been complied with.
§ Mr. JOHNSTONAre we to understand that any company has the option not to file a return for any particular year it chooses if it holds that the same particulars appear on another return?
§ Sir B. CHADWICKNo, Sir. If by the end of any particular year, 1926 for instance, this company had not filed its return, it could be compelled to file it by December, 1926.
§ Mr. JOHNSTONBut does not that last answer contradict what the hon. Gentleman said previously? Is it not the case that no return has yet been filed for the period from October 1922, to October 1923?
§ Sir B. CHADWICKYes, that is true, but it was not considered necessary to enforce the filing, because by the time the Board of Trade were aware that the company had not filed in the year 1924 the 1925 returns were available, and as they were actually the same as 1923 it was felt that it was not necessary to take proceedings.
§ Mr. WALLHEADHas there not been a breach of the law?
§ Mr. JOHNSTONAs this company has not complied with the law for the period stated, is the Board of Trade not prepared to take action against it for failing to obey the law?
§ Sir B. CHADWICKThey would do if they considered that action were necessary, but here is a company which makes a return for 1925 identical with that for 1923, and if the Board were to take proceedings in every case on the grounds on which it is suggested they should do so by the hon. Member and where it is considered that no useful purpose would be served they would merely be acting in an oppressive manner.
§ Mr. JOHNSTONYou will see later.