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

Chapter 2 : Formation, Administration and Dissolution of Companies

Part B : Incorporation and legal status of companies

18. Authenticity of versions of memorandum of incorporation

 

 

1) The Memorandum of Incorporation of a company, as altered or amended, prevails in any case of a conflict between it and—
a) a translation filed in terms of section 17(3); or
b) a consolidated revision filed in terms of section 17(5), unless the consolidated revision has subsequently been ratified by a special resolution at a general shareholders meeting of the company.

 

2) The latest version of a company’s Memorandum of Incorporation that has been endorsed by the Commission in terms of this Part prevails in the case of any conflict between it and any other purported version of the company’s Memorandum of Incorporation.