Section 361 of The Companies Act No. 17 of 2015: Public companies: not to accept undertaking for work or services

    

(1) A public company shall not accept at any time, in payment up of its shares or any premium on them, an undertaking given by a person that the person or another person should work or perform services for the company or any other person.
(2) If a public company accepts such an undertaking in payment for its shares or any premium on them, the holder of the shares when they or the premium are treated as paid up in whole or in part by the undertaking is liable—
(a) to pay the company in respect of those shares an amount equal to their nominal value, together with the whole of any premium or, if the case so requires, such proportion of that amount as is, treated as paid up by the undertaking; and
(b) to pay interest at the appropriate rate on the amount payable under paragraph (a).
(3) The reference in subsection (2) to the holder of shares includes a person who has an unconditional right—
(a) to be included in the company's register of members in respect of those shares; or
(b) to have a document of transfer of them executed in the person's favour.


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

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