Registrar of Deeds, mining commissioner or other officer shall make in his registers all such alterations as are
necessary by reason of the changed name and shall endorse the change of name on the said documents.
(4 ) The change of name shall not affect any rights or obligations of the company, or render defective any legal proceedings by or against the company, and any legal proceedings that might have been continued or commenced by or against it by its former name may be continued or commenced under its new name.
26 Power to dispense with “Limited” in certain cases
(1 ) Where the Minister is satisfied that an association exists for any lawful purpose, the pursuit of which is
calculated to be in the interests of the public, or any section of the public, and intends to apply its profits, if any, or
other income in promoting its objects, and to prohibit the payment of any dividend to its members, and that it is
desirable that such association should be incorporated, the Minister may, if the association submits to him a
memorandum complying with section eight, by licence under his hand direct that the association be registered as a
company without the addition of the word “Limited” to its name, and the association may thereupon be registered
accordingly.
(2 ) The association, upon such registration, shall enjoy all the privileges of a company and be subject to all
the obligations thereof, except those of using the word “Limited” as any part of its name and of complying with
sections sixty -five, sixty-six, seventy-one, one hundred and fourteen, one hundred and twenty-three, one hundred
and twenty-four, one hundred and forty-nine and one hundred and seventy -one.
(3 ) A licence under this section may at any time be revoked by the Minister and upon revocation the Registrar shall enter the word “Limited” at the end of the name of the association upon the register, and the association
shall thereupon cease to enjoy the exemptions and privileges granted by this section.
Before a licence is so revoked the Minister shall give to the association notice in writing of his intention, and
shall afford it an opportunity of submitting in writing arguments in opposition to revocation.
An association whose licence has been revoked may appeal to the court within such period and in accordance
with such rules as may be prescribed under section three hundred and fifty -nine and on any such appeal the court
may make such order as it deems fit.
(4 ) Whenever it is proved to the satisfaction of the Minister that the objects of a company are those defined in
subsection (1 ) and objects incidental or conducive thereto, and that by its constitution the company is required to
apply its profits, if any, or other income in promo ting its objects and is prohibited from paying any dividend to its
members, the Minister may by licence authorize the company to change its name by special resolution by the
omission therefrom of the word “Limited”, and as from the date of the receipt of the certificate of the Registrar
recording the registration of such special resolution passed pursuant to such licence the company shall be deemed
to be a company licensed under this section.
(5 ) Section twenty-five shall apply to a change of name under this section.
(6 ) A licence by the Minister under this section may be granted on such conditions and subject to such reg ulations as he may think fit, and those conditions and regulations shall be binding upon the association or company
and shall, if the Minister so directs, be inserted in the memorandum and articles, or in one of those documents.
(7 ) No alteration of the memorandum or articles of association in respect of which a licence under this section is in force shall take effect until such alteration is approved by the Minister, and if the Minister approves the
alteration he may vary the licence by making it subject to such conditions and regulations as he thinks fit, in lieu
of or in addition to the conditions and regulations, if any, to which the licence was formerly subject.
General Provisions with Respect to Memorandum and Articles
27 Effect of memorandum and articles
(1 ) Subject to this Act, the memorandum and articles shall, when registered, bind the company and the me mbers thereof to the same extent as if they respectively had been signed by each member and contained undertakings on the part of each member to observe all the provisions of the memorandum and of the articles.
(2 ) All money payable by any member to the company under the memorandum or articles shall be a debt due
from him to the company.
28 Copies of memorandum and articles to be given to members
(1 ) Every company shall send to every member at his request, on payment of one dollar or such less sum as
the company may prescribe, a copy of the memorandum and of the articles, if any, or shall afford to every member
or to his duly authorized agent reasonable facilities for making a copy of the memorandum and of the articles, if
any.
(2 ) If a company makes default in complying with subsection (1) 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 one for each default.
[Section as amended by Act No. 22 of 2001]
29 Copies of memorandum and articles to embody alterations
(1 ) Where an alteration is made in the memorandum or articles of a company every copy of the memorandum
or articles issued after the date of the alteration shall be in accordance therewith.
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