(3 ) Each subscriber to the memorandum of a company limited by shares must in his own handwriting state in words opposite to his name the number of shares he takes: Provided that where the subscriber is— (a ) a company, association, syndicate or other corporate body, a director of the company or the authorised representative of any other corporate body; or (b ) a partnership, one of the partners; or (c) a minor, the guardian; as the case may be, shall indicate in their handwriting the number of shares taken. [Proviso inserted by Act 5 of 2006] (4 ) A public company which converts itself into a private company in terms of section thirty-three shall, within one month after the conversion, insert the term “(Private)” before the word “Limited” in its name and, notwithstanding anything to the contrary contained— (a ) in the Deeds Registries Act [Chapter 20:05], the Registrar of Deeds shall, upon lodgement with him of the amended certificate of incorporation and the registered deed wherein the name of the company a ppears, amend without charge the registered deed and the relevant registers; (b ) in any other enactment, any person keeping a register in terms of any enactment shall, upon lodgement with him of the amended certificate of incorporation, amend without charge such register. (5 ) The insertion of the term “(Private)” in the name of a company in compliance with subsection (4 ) shall not be regarded as a change of name for the purposes of subsection (1) of section twenty-five. 9 Capacity and powers of company A company shall have the capacity and powers of a natural person of full capacity in so far as a body corporate is capable of exercising such powers. 10 Effect of statement of objects (1 ) The effect of a statement of the objects of a company, whether in its memorandum or elsewhere, shall not be to invalidate any transaction which exceeds those objects and which was made by the company or entered into by the company with any other person, notwithstanding that the other person was aware of the statement of the o bjects. (2 ) Without derogation from any remedy that may be available to the person concerned — (a ) any member or debenture holder of a company may, prior to the event, apply to court for and may obtain an interdict restraining the company from making or entering into any transaction which exceeds its o bjects, whether stated in its memorandum or elsewhere; (b ) where any transaction which exceeds a company’s objects, whether stated in its memorandum or elsewhere, has been made or entered into and has resulted in loss to the company, any member or debenture holder may claim on behalf of the company compensation for such loss from any officer of the company who took part in the transaction concerned: Provided that, where it appears to the court that the officer against whom the claim is made acted honestly and reasonably and that, having regard to all the circumstances of the case, it would be just and fair to do so, the court may decline to award compensation against him or may make an award for part only of the compensation or may make any other order or award that the court thinks fit. 11 No constructive notice of company’s documents No person shall be deemed to have notice or knowledge of the contents of a company’s memorandum, articles or other document by reason only of the fact that the memorandum, articles or document has been registered by the Registrar or is available for inspection at the company’s registered office. 12 Presumption of regularity Any person having dealings with a company or with someone deriving title from a company shall be entitled to make the following assumptions, and the company and anyone deriving title from it shall be estopped from denying their truth— (a ) that the company’s internal regulations have been duly complied with; (b ) that every person described in the company’s register of directors and secretaries, or in any return delivered to the Registrar by the company in terms of section one hundred and eighty-seven, as a director, manager or secretary of the company, has been duly appointed and has authority to exercise the functions customarily exercised by a director, manager or secretary, as the case may be, of a company carrying on business of the kind carried on by the company; (c) that every person whom the company, acting through its members in general meeting or through its board of directors or its manager or secretary, represents to be an officer or agent of the company, has been duly appointed and has authority to exercise the functions customarily exercised by an officer or agent of the kind concerned;