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

Chapter 3 : Enhanced Accountability and Transparency

Part A : Application and general requirements of Chapter

85. Registration of company secretary and auditor

 

 

1) Every company that makes an appointment contemplated in section 84(4), irrespective of whether the company does so as required by that section or voluntarily as contemplated in section 34(2), must—
a) maintain a record of its company secretaries and auditors, including, in respect of each person appointed as company secretary or auditor of the company—
i) the name, including any former name, of each such person; and
ii) the date of every such appointment; and
b) if a firm or juristic person is appointed—
i) the name, registration number and registered office address of that firm or juristic person; and
ii) the name of any individual contemplated in section 90(3), if that section is applicable; and
c) any changes in the particulars referred to in paragraphs (a) and (b), as they occur, with the date and nature of each such change.

 

2) To protect personal privacy, the Minister, by notice in the Gazette, may exempt from the application of subsection (1)(a) categories of names as formerly used by any person—
a) before attaining majority, or by persons who have been adopted, married, divorced or widowed; or
b) in other circumstances prescribed by the Minister.

 

3) Within 10 business days after making an appointment contemplated in subsection (1), or after the termination of service of such an appointment, a company must file a notice of the appointment or termination, as the case may be, subject to subsection (4).

 

4) The incorporators of a company may file a notice of the appointment of the company’s first company secretary, auditor or audit committee as part of the company’s Notice of Incorporation.