either of the company or another company of which the company is the wholly owned subsidiary, and for the
purposes of this proviso the expression "company" shall include any body corporate incorporated in Zimbabwe.
[Subsection substituted by Act 5 of 2006]
(3 ) The said register shall contain the following particulars with respect to the secretary, that is to say—
(a ) in the case of an individual, his or her present first name and surname, any former first name and surname, an identification reference number appearing in his or her identity document and his or her full
residential address or business and postal addresses; and
[Subparagraph substituted by Act 5 of 2006]
(b ) in the case of a corporation, partnership or other association, its name and registered or principal office. (4
) The company shall, within the periods respectively mentioned in subsection (5), deliver to the Registrar a
return in the prescribed form containing the particulars specified in the said register and a notification in the
prescribed form of any change among its directors or in its secretary or in any of the particulars contained in the
register and of the date of any such change:
Provided that, except when making its annual return in terms of section one hundred and twenty-three, it shall
not be necessary for a company to deliver to the Registrar a notification of any change in the particulars of directorships held by any of its directors in any other company.
(5 ) The period within which the return or notification referred to in subsection (4 ) is to be delivered to the
Registrar shall be one month after the incorporation of the company or the date on which the change is notified to
the company, as the case may be.
(6 ) It shall be the duty of every director and secretary of a company to furnish the company with all partic ulars required for inclusion in the said register, including any addition to or alteration or other change in any such
particulars, and any director or secretary who neglects or fails without reasonable excuse to furnish the company
with any particulars so required within seven days after demand made by the company, or who furnishes the
company with any particular which is incorrect in any respect, shall be guilty of an offence and liable to a fine not
exceeding level five or to imprisonment for a period not exceeding three months or to both such fine and such
imprisonment.
(7 ) The resignation of a director or a secretary shall not relieve him of his duties as director or secretary, as
the case may be, under this Act or under the articles of the company unless the director or secretary, having notified the Registrar and the company of his resignation, had reasonable ground to believe that the company would
comply with subsection (4).
(8 ) The register to be kept under this section shall, during business hours, subject to such reasonable restrictions as the company may by its articles or in general meeting impose, so that not less than two hours in each day
be allowed for inspection, be open to the inspection of any member of the company without charge, and of any
other person on payment of twenty cents or such less sum as the company may prescribe for each inspection.
(9 ) The company shall, on application, furnish any person with a copy or extract from such register on pa yment of twenty-five cents or such less sum as the company may prescribe for every hundred words or part thereof
of the required copy or extract or afford to such person adequate facilities for making such copy or extract.
The company shall cause any copy or extract so required by any person to be sent to that person within a period of twenty-one days commencing on the day next after the day on which the requirement is received by the
company.
(10) Subject to subsection (11), if default is made in complying with subsection (1), (2), (3) or (4) the company and every officer of the company who is in default shall be guilty of an offence and liable to a default fine
not exceeding level one.
(11) If any inspection under this section is refused the company and every officer of the company who is in
default shall be guilty of an offence and liable to a fine not exceeding level three and the court may, by order,
compel an immediate inspection of the register subject to the payment of the proper sum.
(12) For the purposes of this section—
(a ) a person in accordance with whose directions or instructions the directors of a company are accustomed
to act shall be deemed to be a director and officer of the company;
(b ) in the case of a peer or person usually known by a title different from his surname the expression “surname” means that title;
(c) references to a former first name or surname do not include(i) in the case of a peer or a person usually known by a British title different from his or her surname, the name by which he or she was known previous to the adoption of or succession to the
title; or
(ii) in the case of any person, a former first name or surname where the name or surname was
changed or disused before the person bearing the name attained the age of eighteen years;
(iii) in the case of a married woman, the name or surname by which she was known previous to the
marriage.
[Subparagraph substituted by Act 5 of 2006]
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