Section 9 of The Companies Act No. 17 of 2015: Private companies

    

(1) For the purposes of this Act, a company is a private company if—
(a) its articles—
(i) restrict a member's right to transfer shares;
(ii) limit the number of members to fifty; and
(iii) prohibit invitations to the public to subscribe for shares or
debentures of the company;
(iv) requires the consent of all members to add a new member
(b) it is not a company limited by guarantee; and
(c) its certificate of incorporation states that it is a private company.
(2) In subsection (1)(a)(ii), “member” excludes—
(a) a member who is an employee of the company; and
(b) a person who was a member while being an employee of the company
and who continues to be a member after ceasing to be such an
employee.
(3) For the purposes of this section, two or more persons who hold shares in
a company jointly are taken to be a single member.


Disclaimer: This document is not to be taken as legal advise.

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