- Section 74 of The Companies Act No. 17 of 2015: Requirements for registration of conversion of private company
(1) The Registrar shall refuse an application for the registration of the
conversion of a company into public company if the application does not comply
with subsection (2).
(2) An application for the registration of the conversion of the company into a
public company complies with this...
- Section 75 of The Companies Act No. 17 of 2015: Statement of proposed secretary
(1) The statement of the company's proposed secretary complies with this
section only if—
(a) it contains the required particulars of the person who is or the persons
who are to be the secretary or joint secretaries of the company; and
(b) a consent by the person named as secretary, or each of...
- Section 76 of The Companies Act No. 17 of 2015: Registrar to issue certificate of incorporation on registration of conversion
(1) The Registrar shall register the conversion of a company into a public
company if satisfied that the registration of application for registration complies with
the requirements of this Division.
(2) If the company does not already have a unique identifying number, the
Registrar shall...
- Section 77 of The Companies Act No. 17 of 2015: Conversion of public company into private limited company
(1) A public company can convert itself into a private limited company if—
(a) a special resolution to that effect is passed;
(b) the conditions specified in subsection (2) are satisfied; and
(c) an application for registration of the conversion is lodged with the
Registrar in accordance with...
- Section 78 of The Companies Act No. 17 of 2015: Application to Court to cancel conversion resolution
(1) If a special resolution by a public company to convert itself into a private
limited company has been passed, an application to the Court for the cancellation
of the resolution may be made—
(a) by the holders of not less in the aggregate than five per cent in
nominal value of the company's...
- Section 79 of The Companies Act No. 17 of 2015: Notices of application to Court and court order application or order to be given to Registrar
(1) On making an application under section 78, the applicants, or the person
making the application on their behalf, shall immediately give notice to the
Registrar.
(2) Subsection (1) applies without affecting any provision of rules of the Court
as to service of notice of the application.
(3)...
- Section 80 of The Companies Act No. 17 of 2015: Requirements for registration of conversion of public company into private company
The Registrar may not register the conversion of a public company as a private
limited company unless the application for registration—
(a) contains a statement of the company's new name on conversion; and
(b) is accompanied by—
(i) a copy of the resolution converting the company into a...
- Section 81 of The Companies Act No. 17 of 2015: Registrar to issue certificate of incorporation on registration of conversion
(1) The Registrar shall register the conversion of a public company into a private
limited company if satisfied that the application for registration complies with the
requirements of this Division.
(2) If the company does not already have a unique identifying number, the
Registrar shall...
- Section 82 of The Companies Act No. 17 of 2015: Registration of conversion of private limited company into unlimited company
(1) A private limited company may convert itself into an unlimited company if—
(a) all the members of the company have assented to its conversion;
(b) the company has not previously been registered as an unlimited
company; and
(c) an application for registration of the conversion is lodged with...
- Section 83 of The Companies Act No. 17 of 2015: Requirements for application for registration of conversion of company into unlimited company
The Registrar may not register the conversion of a company as an unlimited
company unless the application for registration—
(a) contains a statement of the company's new name on conversion; and
(b) is accompanied by—
(i) the prescribed form of assent to the company's being registered
as an...
- Section 84 of The Companies Act No. 17 of 2015: Registrar to issue certificate of incorporation on registration of conversion
(1) The Registrar shall register the conversion of a private limited company into
an unlimited company if satisfied that the application for registration complies with
the requirements of this Division.
(2) If the company does not already have a unique identifying number, the
Registrar shall...
- Section 85 of The Companies Act No. 17 of 2015: Conversion of unlimited company into a private limited company
(1) An unlimited company may convert itself into a private limited company if
(but only if) the conditions specified in subsection (2) are complied with.
(2) The conditions are that—
(a) a special resolution that it should be so converted has been passed
that complies with subsection (3);
(b)...
- Section 86 of The Companies Act No. 17 of 2015: Requirements for registration of unlimited company as private limited company
(1) The Registrar may not register the conversion of an unlimited company as
a private limited company unless the application for registration—
(a) contains a statement of the company's new name on registration of
the conversion; and
(b) is accompanied by—
(i) a copy of the resolution...
- Section 87 of The Companies Act No. 17 of 2015: Registrar to issue certificate of incorporation on registration of conversion
(1) The Registrar shall register the conversion an unlimited company into a
private limited company if satisfied that the application for registration complies
with the requirements of this Division.
(2) If the company does not already have a unique identifying number, the
Registrar shall...
- Section 88 of The Companies Act No. 17 of 2015: Statement of capital required if company already has share capital
(1) If, in the case of a company whose conversion has been registered under
section 87, the company has already allotted share capital, it shall, within fourteen
days after the registration, lodge with the Registrar a statement of capital that
complies with subsection (3).
(2) Subsection (1)...
- Section 89 of The Companies Act No. 17 of 2015: Conversion of public company into private and unlimited company
(1) A public company limited by shares may convert itself into an unlimited
private company with a share capital if—
(a) all the members of the company have assented to its being so
converted;
(b) the condition specified in subsection (2) is satisfied; and
(c) an application for registration of...
- Section 90 of The Companies Act No. 17 of 2015: Registrar not to register conversion unless application for registration complies with prescribed requirements
The Registrar shall not register the conversion of a public limited company into
an unlimited private company unless the application for registration—
(a) contains a statement of the company's new name on conversion; and
(b) is accompanied by—
(i) an assent to the company's conversion,...
- Section 91 of The Companies Act No. 17 of 2015: Registrar to issue certificate of incorporation on registration of conversion
(1) The Registrar shall register the conversion of a public company into an
unlimited private company if satisfied that the application for registration complies
with the requirements of this Division.
(2) If the company does not already have a unique identifying number, the
Registrar shall...
- Section 92 of The Companies Act No. 17 of 2015: How persons become members of company
(1) The subscribers to the memorandum and articles become members of the
company on the registration of the company.
(2) As soon as practicable after the registration of the company, it shall enter
in its register of members the names and addresses of persons who subscribed to
its memorandum and...
- Section 93 of The Companies Act No. 17 of 2015: Company to keep register of members
(1) Every company shall keep a register of its members which shall include
information relating to beneficial owners of the company, if any.
(2) A company shall enter in its register of members—
(a) the names and addresses of the members;
(b) the date on which each person was registered as a...
- Section 93A of The Companies Act No. 17 of 2015: Company to keep register of beneficial owners
(1) Every company shall keep a register of its beneficial owners.
(2) A company shall enter in its register of beneficial owners, information
relating to its beneficial
owners as prescribed in the regulations.
(3) A company shall lodge with the Registrar a copy of its register of...
- Section 94 of The Companies Act No. 17 of 2015: Company to keep register of members of its registered office
(1) Except in so far as the regulations otherwise provide, a company shall
ensure that its register of members is—
(a) kept at its registered office;
(aa) if the register is prepared at another office of the company other than
the registered office, a copy of the register may be kept at that...
- Section 95 of The Companies Act No. 17 of 2015: Certain companies to keep index of members
(1) A company that has more than fifty members shall keep an index of the
names of the members of the company, unless the register of members is in such
a form as to constitute in itself an index.
(2) A company shall make any necessary alteration in the index within fourteen
days after the date...
- Section 96 of The Companies Act No. 17 of 2015: Rights of persons to inspect register of members and require copies
(1) A public company shall keep its register of members and its index of
members (if any) open for inspection by—
(a) a member of the company without charge; and
(b) any other person on payment of the fee (if any) prescribed by the
regulations for the purposes of this section.
(2) On being...
- Section 97 of The Companies Act No. 17 of 2015: Consequences of company refusing inspection of its register or to provide copy of its register of members
(1) Within five working days after receiving a request under section 96, a
company shall either—
(a) comply with the request or decline it by giving sufficient reasons in
writing; or
(b) apply to the Court.
(2) If the company applies to the Court, it shall notify the person who made
request...
- Section 98 of The Companies Act No. 17 of 2015: Offence to refuse inspection of register of members or to fail to provide copy
(1) If a company—
(a) refuses to allow an inspection required under section 96; or
(b) fails to provide a copy required under that section,
otherwise than in accordance with an order of the Court, the company, and each
officer of the company who is in default, commit an offence and on conviction...
- Section 99 of The Companies Act No. 17 of 2015: Register of members: offences in connection with request for or disclosure of information
(1) A person who makes a request under section 96 that contains a statement
that the person knows, or has reason to suspect, is false or misleading in a material
respect commits an offence.
(2) A person who has possession of information obtained by exercise of either
of the rights conferred by...
- Section 100 of The Companies Act No. 17 of 2015: Company to provide information as to state of register of members and index of members’ names
(1) When a person inspects a company's register of members, or a company
provides the person with a copy of the register or any part of it, the company shall
inform the person of the most recent date (if any) on which amendments were
made to the register and (if that is the case) that there were...
- Section 101 of The Companies Act No. 17 of 2015: Removal of entries relating to former members
(1) A company may expunge from its register of members an entry relating to
a person who was formerly a member of the company after the expiry of ten years
after the date on which the person ceased to be a member.
(2) If a company expunges from its register of members an entry relating to...
- Section 102 of The Companies Act No. 17 of 2015: Single member companies
(1) If a limited company is formed under this Act with only one member, the
Registrar shall enter in the register of members of the company, the name and
address of that member and a statement that the company has only one member.
(2) If the number of members of a limited company is reduced to...