COMPANIES ACT 71 OF 2008.pdf

Reservation and registration of company names 11

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Reservation and registration of company names 11 . Criteria for names of companies 12 . Reservation of name and defensive names Part B Incorporation and legal status of companies 13 . Right to incorporate company or transfer registration of foreign company 14 . Registration of company 15 . Memorandum of Incorporation, shareholder agreements and rules of company 16 . Amending Memorandum of Incorporation 17 . Alterations, translations and consolidations of Memorandum of Incorporation 18 . Authenticity of versions of Memorandum of Incorporation 19 . Legal status of companies 20 . Validity of company actions 21 . Pre­incorporation contracts 22 . Reckless trading prohibited Part C Transparency, accountability and integrity of companies 23 . Registration of external companies and registered office 24 . Form and standards for company records 25 . Location of company records 26 . Access to company records 27 . Financial year of company 28 . Accounting records 29 . Financial statements 30 . Annual financial statements 31 . Access to financial statements or related information 32 . Use of company name and registration number 33 . Annual return 34 . Additional accountability requirements for certain companies Part D Capitalisation of profit companies 35 . Legal nature of company shares and requirement to have shareholders 36 . Authorisation for shares 37 . Preferences, rights, limitations and other share terms 38 . Issuing shares 39 . Subscription of shares 40 . Consideration for shares 41 . Shareholder approval for issuing shares in certain cases 42 . Options for subscription of securities 43 . Securities other than shares 44 . Financial assistance for subscription of securities 45 . Loans or other financial assistance to directors 46 . Distributions must be authorised by board 47 . Capitalisation shares 48 . Company or subsidiary acquiring company’s shares Part E Securities registration and transfer 49 . Securities to be evidenced by certificates or uncertificated 50 . Securities register and numbering 51 . Registration and transfer of certificated securities 52 . Registration of uncertificated securities 53 . Transfer of uncertificated securities
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54 . Substitution of certificated or uncertificated securities 55 . Liability relating to uncertificated securities 56 . Beneficial interest in securities Part F Governance of companies 57 . Interpretation and application of Part 58 . Shareholder right to be represented by proxy 59 . Record date for determining shareholder rights 60 . Shareholders acting other than at meeting 61 . Shareholders meetings 62 . Notice of meetings 63 . Conduct of meetings 64 . Meeting quorum and adjournment 65 . Shareholder resolutions 66 . Board, directors and prescribed officers 67 . First director or directors 68 . Election of directors of profit companies 69 . Ineligibility and disqualification of persons to be director or prescribed officer 70 . Vacancies on board 71 . Removal of directors 72 . Board committees 73 . Board meetings 74 . Directors acting other than at meeting 75 . Director’s personal financial interests 76 . Standards of directors’ conduct 77 . Liability of directors and prescribed officers 78 . Indemnification and directors’ insurance Part G Winding­up of solvent companies and deregistering companies 79 . Winding­up of solvent companies 80 . Voluntary winding­up of solvent company 81 . Winding­up of solvent companies by court order 82 .
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