Section 863 of The Companies Act No. 17 of 2015: Rectification of the Register under Court order

    

(1) The Registrar shall remove from the Register any entry—
(a) that derives from anything that the Court has declared to be invalid or ineffective, or to have been done without the authority of the company; or
(b) that the Court has declared to be factually inaccurate; or to be derived from something that is factually inaccurate or is forged, and that the Court has directed to be removed from the Register.
(2) The Court shall specify in the order the entry that is to be removed from the Register and indicate where in the Register it is to be found.
(3) The Court may not make an order for the removal from the Register of any entry the registration of which had legal consequences as mentioned in section 861(3) unless it is satisfied—
(a) that the presence of the entry in the Register has caused, or may cause, damage to the company concerned; and
(b) that the company's interest in removing the entry outweighs the interest (if any) of other persons in the continued appearance of the entry in the Register.
(4) If, in such a case, the Court makes an order for removal, it may make such consequential orders as appear just with respect to the legal effect (if any) to be accorded to the entry because it has appeared in the Register.
(5) The Court shall ensure that a copy of its order is sent to the Registrar for registration.
(6) This section does not apply in respect of an entry in the Register if the Court has other specific powers under this Act to deal with the matter.


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

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