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Heineken Malaysia Berhad
Company no. 5350-X
Page
16 of 51
35.
When any share has been forfeited in accordance with this
Constitution notice of the forfeiture shall forthwith be given to the
holder of the share or to the person entitled to the share by reason of
the death or bankruptcy as the case may be, and an entry of such
notice having been given, and of the forfeiture with the date thereof
shall forthwith be made in the Record of Depositors opposite to the
share.
Notice of
forfeiture to
be given and
entered in the
Record of
Depositors
LIEN
36.
The Company's lien on shares and dividends from time to time
declared in respect of such shares, shall be restricted to unpaid calls
and instalments upon the specific shares in respect of which such
moneys are due and unpaid, and to such amounts as the Company
may be called upon by law to pay and has paid in respect of the shares
of the member or deceased member.
Company’s
lien on shares
and dividends
37.
The Company may sell, in such manner as the Directors think fit, any
shares on which the Company has a lien, but no sale shall be made
unless a sum in respect of which the lien exists is presently payable,
nor until the expiration of 14 days from the notice in writing, stating
and demanding payment of such part of the amount in respect of
which the lien exists as is presently payable, has been given to the
registered holder for the time being of the share, or the person
entitled thereto by reason of his death or bankruptcy.
Power to
enforce lien
by sale
38.
The proceeds of any such sale after payment of the amount of
interests and costs relating to the sale shall be received by the
Company and applied in or towards payment of such part of the
amount in respect of which the lien exists as is presently payable, and
the residue, if any, shall (subject to a like lien for sums not presently
payable as existed upon the shares before the sale) be paid to the
person entitled to the shares at the date of the sale or his executors,
administrators or assignees or as he directs.
Application
of proceeds
of sale
TRANSFER OF SHARES
39.
The transfer of any Deposited Security shall be by way of book entry
by the Central Depository in accordance with the Rules and
notwithstanding Section 105, Section 106 or 110 of the Act but
subject to Section 148(2) of the Act and any exemption that may be
made from compliance with Section 148(1) of the Act, the Company
shall be precluded from registering and effecting any transfer of
Deposited Security.
Transfer of
Securities
40.
The instrument of transfer of a share shall be signed by or on behalf
of the transferor and transferee provided that subject to compliance
with the Central Depositories Act and the Rules, an instrument of
transfer in respect of which the transferee is Central Depository shall
be effective although not signed by or on behalf of the Central
Depository if it has been certified by an authorised depository agent
pursuant to Section 18 of the Central Depositories Act. Subject to the
Execution