(4 ) If, after the expiration of the said period or shorter time, any unqualified person acts as a director of the
company he shall be guilty of an offence and liable to a fine not exceeding level seven or imprisonment for a
period not exceeding one year or to both such fine and such imprisonment.
[Section as amended by Act No. 22 of 2001]
173 Disqualification for appointment as director
(1 ) Any of the following persons shall be disqualified from being appointed a director of a company—
(a ) a body corporate;
(b ) a minor or any other person under legal disability:
[Paragraph as amended by section 32 of Act No. 14 of 2004]
(c) except with the leave of the court, any person who has at any time been adjudged or otherwise declared
insolvent or bankrupt under a law in force in Zimbabwe or any other country, and has not been rehabilitated or discharged;
[Paragraph as substituted by section 32 of Act No. 14 of 2004]
(d ) save with the leave of the court, any person who has at any time been convicted, whether in Zimbabwe
or elsewhere, of theft, fraud, forgery or uttering a forged document or perjury and has been sentenced
therefor to serve a term of imprisonment without the option of a fine or to a fine exceeding level five;
(e) any person who is the subject of any order under this Act disqualifying him as a director;
(f) save with the leave of the court, any person removed by a competent court from an office of trust on
account of misconduct.
(2 ) A director of any company shall cease to hold office as such if —
(a ) he has at any time been or is adjudged or otherwise declared insolvent or bankrupt under a law in force
in Zimbabwe or any other country, whether before or after the date of commencement of the General
Laws Amendment (No. 2) Act, 2002; or
(b ) he is convicted, whether in Zimbabwe or elsewhere, of theft, fraud, forgery or uttering a forged doc ument or perjury and has been sentenced therefor to serve a term of imprisonment without the option of a
fine o r to a fine exceeding level five; or
(c) he is removed by the court from any office of trust on account of misconduct.
[Subsection as amended by Act No. 14 of 2002]
(3 ) If any person who is disqualified under this section from being or continuing to be a director of any company directly or indirectly takes part in or is concerned in the management of any company he shall be guilty of an
offence and liable to a fine not exceeding level ten or to imprisonment for a period not exceeding two years or to
both such fine and such imprisonment.
(4 ) Nothing in this section shall be deemed to prevent a company from applying under its regulations any further disqualification for the appointment of, or the retention of office by, a director.
[Section as amended by Act No. 22 of 2001]
173A Qualifications for appointment as secretary of public company
(1 ) The directors of every public company shall take reasonable steps to ensure that the company’s secretary
is a person who is qualified in terms of subsection (2) and has the requisite knowledge and experience to discharge the functions of secretary of the company.
(2 ) Subject to section one hundred and seventy-three B, a person shall be qualified to hold office as secretary
of a public company if—
(a ) immediately before the date of commencement of the General Laws Amendment (No. 2) Act, 2002, he
held office as secretary or deputy or assistant secretary of the company; or
(b ) for at least three of the five years immediately before his appointment as secretary, he held office as
secretary of a public company; or
(c) he is registered or entitled to be registered as a chartered accountant under the Chartered Accountants
Act [Chapter 27:02]; or
(d ) he is registered or entitled to be registered as a chartered secretary under the Chartered Secretaries
(Private) Act [Chapter 27:03]; or
(e) he is registered or entitled to be registered as a legal practitioner under the Legal Practitioners Act
[Chapter 27:07]; or
(f) he is registered or entitled to be registered as a public accountant or public auditor under the Public
Accountants and Auditors Act [Chapter 27:12]; or
(g ) he holds such other qualification as may be prescribed in regulations.
[Section inserted by section 32 of Act No. 14 of 2002]
173B Disqualification for appointment as secretary of any company
(1 ) The following persons shall be disqualified from being appointed as secretary of a company—
(a ) a minor or any other person under legal disability;
Select target paragraph3
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