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Companies Act, 2008 (Act No. 71 of 2008)

Chapter 4 : Public Offerings of Company Securities

102. Consent to use of name in prospectus



1) In any prospectus relating to securities of a company a person must not—
a) name a second person as a director or proposed director of that company unless, before the registration of that prospectus—
i) in the case of a company incorporated in the Republic, the second person consented in writing to act as a director before the prospectus was filed, and has not withdrawn the consent; and
ii) the prescribed return reflecting the relevant particulars in regard to that second person has been filed; or
b) include any statement made by an expert, or reference to any statement purporting to be made by an expert, unless—
i) the expert consented in writing to the use of that statement before the prospectus was filed, and has not withdrawn the consent;
ii) the written consent is endorsed on or attached to the copy of the filed prospectus; and
iii) the prospectus includes a statement that the expert has consented to the use of the statement and has not withdrawn that consent.


2) A prospectus must not name any person as the auditor, attorney, banker or broker of a company, unless it is accompanied by the written consent of the named person, agreeing to—
a) be named to act in the stated capacity; and
b) the use of that person’s name in the prospectus.