Implementation of Geneva Conventions Act, 2012
R 385
Companies Act, 1973 (Act No. 61 of 1973)Chapter XIII: External CompaniesRegistration322. Registration of memorandum of external company |
| 1) | Every external company shall within twenty-one days after the establishment of a place of business in the Republic lodge with the Registrar, in the prescribed manner- |
| a) | a certified copy of the memorandum of the company, and if the said memorandum is not in one of the official languages of the Republic, a certified translation thereof in one of those languages; |
| b) | a notice under section 170 in the prescribed form of the registered office and postal address of the company; |
| c) | the consent of and the name and address of the auditor of the company in the Republic; |
| d) | a notice of the financial year of the company under section 285; |
| e) | a list In the prescribed form containing particulars- |
| i) | in respect of each director, his full forenames and surname and any former forenames and surname, his nationality, his occupation, his residential, business and postal addresses and the date of appointment (distinguishing between directors resident in the Republic and non-resident directors): Provided that the provisions of section 215(3) shall apply mutatis mutandis to a former forename and surname of a director; |
| ii) | in respect of the local manager and in respect of the secretary, his full forenames and surname, his nationality, his occupation, his residential, business and postal addresses, the date of appointment, and in the case of any local manager or secretary being a corporate body, its registered office; |
| iii) | the name and address of the auditor of the company in the Republic; |
| f) | [Paragraph (f) deleted by section 20(1) of Act No. 59 of 1978] |
| g) | a notice in the prescribed form of the name and address of the person authorised by the company to accept service on behalf of the company under section 326. |
| h) | [Paragraph (h) deleted by section 13(1) of Act No. 29 of 1982] |
| 2) | The Registrar, upon payment of the prescribed fee, shall register the said memorandum in the register kept by him under section 5, distinguishing the registration from the registrations in respect of companies incorporated in the Republic, and shall issue a certificate of registration under his hand and seal to the company. |
| 3) |
| a) | An external company in respect of which a notice has been published under section 31(2)(b) of the Registration and Incorporation of Companies in South West Africa Proclamation, 1978, of the State President, in the Gazette, shall be deemed to be registered under the provisions of this section as an external company from the date mentioned in the notice. |
| b) | The provisions of section 335(5), (6) and (7) shall apply mutatis mutandis in respect of such a company. |
| 4) | Upon the registration of the memorandum of an external company the Registrar shall allocate a registration number to the company concerned. |
