All sections · Part II: Company Incorporation · Sub-Part II: Incorporation of companies
9 Application to incorporate a company
This section has been amended. The text above is the 2016 wording; the amending provisions follow.
(1) Subject to subsection (2), an application may be made to the Registrar for
the incorporation of a company under this Act by filing with the Registrar
company
—
(a) a memorandum and articles which comply with the requirements of
this Act, signed by or on behalf of each subscriber in accordance
with sections 13 and 20;
(b) an incorporation application in the approved form in accordance
with Part I of the First Schedule, signed by or on behalf of each
subscriber to the memorandum and articles;
(c) if the company is to be incorporated as a protected cell company, the
written consent of the Authority given under section 221;
(d) the applicable incorporation fee as specified in Part I of the Second
Schedule; and (e) such other documents as may be prescribed.
(2) An application for the incorporation of a company shall only be filed by its
proposed registered agent.
(3) For the purposes of this section, the „proposed registered agent“ means the
person named in the memorandum as the first registered agent of the
company.
the incorporation of a company under this Act by filing with the Registrar
company
—
(a) a memorandum and articles which comply with the requirements of
this Act, signed by or on behalf of each subscriber in accordance
with sections 13 and 20;
(b) an incorporation application in the approved form in accordance
with Part I of the First Schedule, signed by or on behalf of each
subscriber to the memorandum and articles;
(c) if the company is to be incorporated as a protected cell company, the
written consent of the Authority given under section 221;
(d) the applicable incorporation fee as specified in Part I of the Second
Schedule; and (e) such other documents as may be prescribed.
(2) An application for the incorporation of a company shall only be filed by its
proposed registered agent.
(3) For the purposes of this section, the „proposed registered agent“ means the
person named in the memorandum as the first registered agent of the
company.
Amended since 2016
Act 32 of 2021 · 2021-08-02
3. Section 9(1)(b) of the principal Act is amended, by repealing the
words “each subscriber to the memorandum and articles”, and substituting
therefor the words “the proposed registered agent of the company”.
words “each subscriber to the memorandum and articles”, and substituting
therefor the words “the proposed registered agent of the company”.
