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Heineken Malaysia Berhad
Company no. 5350-X
Page
46 of 51
and in favour of the Company it shall conclusively be presumed that
every entry in the register which purports to have been made on the basis
of an instrument of transfer or other document so destroyed was duly
and properly made and every share certificate so destroyed was a valid
certificate duly and properly cancelled and every other document
hereinbefore mentioned so destroyed was a valid and effective document
in accordance with the recorded particulars thereof in the books or
records of the Company provided that:
158.1 the foregoing provisions of this Clause shall apply only to the
destruction of a document in good faith and without express
notice that the preservation of such document was relevant to a
claim;
158.2 nothing contained in this Clause shall be construed as imposing
upon the Company any liability in respect of the destruction of
any such document earlier than as aforesaid or in any other
circumstances which would not attach to the Company but for
the provisions of this Clause; and
158.3 reference in this Clause to the destruction of any document
includes references to its disposal in any manner.
AUTHENTICATION OF DOCUMENTS
159.
159.1 Any Director or the Secretary or any person, all of whom are
approved by the Board of Directors, shall have power to
authenticate any documents affecting the constitution of the
Company and any resolution passed by the Company or the
Directors, and any books, records, documents and accounts
relating to the business of the Company, and to certify copies
thereof or extracts therefrom as true copies or extracts;.
159.2 A document purporting to be a copy of a resolution of the
Directors or an extract from the minutes of a meeting of the
Directors which is certified as such in accordance with the
provisions of the last preceding clause shall be conclusive
evidence in favour of all persons dealing with the Company upon
the faith thereof that such resolution has been duly passed or, as
the case may be, that such extract is a true and accurate record
of a duly constituted meeting of the Directors.
Appointed
persons
Certified copies of
resolution of the
Directors
NOTICES OR DOCUMENTS
160.
A notice or other document required to be sent by the Company to
members and/or Directors may be given by the Company or the
Secretary to any member or Director, as the case may be:
Mode of service of
notice or other
document