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Companies Act, 1973 (Act No. 61 of 1973)

Chapter V: Share capital, Acquisition by Companies of own Shares, Shares, Allotment and Issue of Shares, Members and Register of Members, Debentures, Transfers, and Restrictions on Offering Shares for Sale

Forgery of Certificates as to Shares, Debentures and other Securities

132. Forgery, impersonation and unlawful engravings

 

 

1) Any person shall be guilty of an offence if he-
a) with intent to defraud, forges, alters, offers, utters or disposes of, knowing it to be forged or altered, any certificate as to shares, debentures or other securities within the meaning of that term as defined in section 134(c), any broker's transfer form, certified broker's form, share warrant or coupon issued in pursuance of this Act (or any document purporting to be such share warrant or coupon); or
b) by means of any such forged or altered certificate, form, share warrant, coupon or document, which he knows to be forged or altered, obtains or receives or endeavours to obtain or to receive any interest in any company or obtains or receives or endeavours to obtain or to receive any benefit, dividend or money payable in respect thereof; or
c) by impersonating any owner of any interest in any company, including any share warrant or coupon issued in pursuance of this Act, obtains or endeavours to obtain any such interest or share warrant or coupon or receives or endeavours to receive any benefit or money due to any such owner, as if he were the true and lawful owner; or
d) without lawful authority or excuse (the proof whereof shall lie upon him)-
i) introduces or inserts into or engraves or makes upon any plate, wood, stone or other material, including any electronic material or process,  any certificate as to any interest in a company or any share warrant or coupon or document purporting to be such interest, share warrant or coupon issued or made by any particular company in pursuance of this Act or to be a blank certificate, share warrant or coupon so issued or made or to be a part of such a certificate, share warrant or coupon; or
ii) uses any such plate, wood, stone or other material for the making or printing of any such certificate, share warrant or coupon or document or of any such blank certificate, share warrant or coupon or any part thereof; or
iii) knowingly has in his custody or possession any such plate, wood, stone or other material.

 


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