Companies Act 71 2008

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9.

10.

Modified application with respect to state-owned companies

Modified application with respect to non-profit companies

CHAPTER 2

FORMATION, ADMINISTRATION AND DISSOLUTION OF COMPANIES

Part A

5

Reservation and registration of company names

11.

12.

Criteria for names of companies

Reservation of name for later use

Part B

Incorporation and legal status of companies

13.

14.

15.

16.

17.

18.

19.

20.

21.

22.

10

Right to incorporate company

Registration of company

Memorandum of Incorporation, shareholder agreements and rules of

company

Amending Memorandum of Incorporation

15

Alterations, translations and consolidations of Memorandum of Incorporation

Authenticity of versions of Memorandum of Incorporation

Legal status of companies

Validity of company actions

Pre-incorporation contracts

20

Reckless trading prohibited

Part C

Transparency, accountability and integrity of companies

23.

24.

25.

26.

27.

28.

29.

30.

31.

32.

33.

34.

External companies and registered office

Form and standards for company records

Location of company records

Access to company records

Financial year of company

Accounting records

Financial statements

Annual financial statements

Access to financial statements or related information

Use of company name and registration number

Annual return

Additional accountability requirements for certain companies

25

30

35

Part D

Capitalisation of profit companies

35.

36.

37.

38.

39.

40.

41.

42.

43.

44.

Legal nature of company shares and requirement to have shareholders

Authorisation for shares

Preferences, rights, limitations and other share terms

Issuing shares

Pre-emptive right to be offered and to subscribe shares

Consideration for shares

Shareholder approval for issuing shares in certain cases

Options for subscription of securities

Securities other than shares

Financial assistance for subscription of securities

40

45

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45.

46.

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