CLAUSE 31.—(Duty to disclose age to company.) (Hansard, 28 July 1947)

§ The Solicitor-General

I beg to move, in page 25, line 39, to leave out Subsection (1), and to insert: (1) Any person who is appointed or to his knowledge proposed to be appointed director of a company subject to the last foregoing section at a time when he has attained any retiring age applicable to him as director either under this Act or under the company's articles shall give notice of his age to the company: Provided that this subsection shall not apply in relation to a person's reappointment on the termination of a previous appointment as director of the company. This Amendment is designed to meet a point made with regard to Clause 31, which is the Clause which places upon directors the obligation of notifying their age, when they have reached that retiring age, to companies of which they are directors. The argument was made in Committee that it was very difficult to tell from the Clause as it is at present worded exactly what he has to do. What he is required to do is to disclose his age to the company and it is not very clear how one is to comply with those words. What we seek to do in this Amendment is to incorporate or to attract the effect of Section 92, Subsection (1), and Section 370, Subsection (1), of the Companies Act, 1929.

The result will be that the directors will give notice in order to comply with the Clause by sending out notification to the registered offices of the company. That will leave directors in no doubt as to what they have Jo do.