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

Chapter VIII: Directors

Register of Directors and Officers

216. Duties of directors and others and of company in respect of register

 

 

1) Any person in respect of whom the particulars referred to in section 215 are in terms of that section to be entered in the register mentioned in that section, shall furnish such particulars in writing to the company concerned-
a) in the case of a person appointed as a director or officer of the company, within twenty-eight days after the date of his appointment; and
b) in the case of a change in such particulars, but excluding any change contemplated in section 215(2) and a change by way of the vacation of his office by the person concerned, within fourteen days after the date of the occurrence of the change,

and such particulars or any change therein shall upon receipt thereof, and if any director or officer has vacated his office, a statement that such vacation of office has occurred shall forthwith, be entered in such register by the company.

 

2) A company shall within 14 days after receipt of any particulars referred to in section 215(1)(a)(i) and (b) or of notice of any change in the particulars referred to in the said section 215(1)(a)(i) or (b) or after any director or officer or a secretary which is a body corporate has vacated his office, lodge a return with the Registrar in the prescribed form reflecting the contents of such register after such particulars or such change therein or a statement that such vacation of office has occurred, have been entered in the register: Provided that any entry of such a vacation of office previously advised to the Registrar, shall not be reflected in such return.

 

3) In respect of any of the matters referred to in section 211(1) the return referred to in subsection (2) shall contain a statement, signed by a director, a secretary who is a body corporate or an officer of the company, that-
a) the consent, referred to in section 211, of the director or officer in respect of whom particulars are reflected in such return, has been obtained on a duly completed and signed prescribed form;
b) any person appointed as director or officer of the company, is not disqualified under section 218 or 219; and
c) the written consent under section 218(1)(b) of the husband of any woman appointed as a director of the company has been obtained on the prescribed form.

 

4) Any written consent referred to in section 211 shall be retained by the company and the Registrar may from time to time by notice in writing require a company to transmit to him within fourteen days after the date of the receipt of such notice, a certified copy of the consent of any director or officer of the company to act as such.

 

5) Any person who or company or external company which fails to comply with any provision of this section shall be guilty of an offence.