72
not exceeding level ten or to imprisonment for a period not exceeding two years or to both such
fine and such imprisonment.35
(4) Until a telecommunication licence governing the service in question is issued to another
person, there shall be deemed to be reserved to the Corporation or the appropriate successor
company, as the case may be, such particular service comprised within a telecommunication
service as may be prescribed.
107
Initial shareholding in successor company
(1) All the members of the appropriate successor company on its incorporation shall be
persons nominated by the Minister, with the approval of the President, and shall hold their shares
on behalf of the State.
(2) All the shares initially issued to members of the appropriate successor company on its
incorporation shall be held by those members on behalf of the State.
108
Transfer of assets and liabilities of Corporation to successor company
(1) Subject to subsection (2), the Minister, in consultation with the Board of the
Corporation, shall by written notice fix the date on which the assets and liabilities of the
Corporation shall be transferred to the appropriate successor company:
Provided that the Minister may fix different dates for the transfer of different assets and
liabilities.
(2) On the relevant transfer date, every asset and liability of the Corporation which the
Minister has directed shall be transferred to the appropriate successor company shall vest in that
company.
(3) All bonds, hypothecations, deeds, contracts, instruments, documents and working
arrangements that subsisted immediately before the relevant transfer date and to which the
Corporation was a party shall, on and after that date, be as fully effective and enforceable against
or in favour of the appropriate successor company as if, instead of the Corporation, the
appropriate successor company had been named therein.
(4) It shall not be necessary for the Registrar of Deeds to make any endorsement on title
deeds or other documents or in his registers in respect of any immovable property, right or
obligation which passes to the appropriate successor company under this paragraph section, but
the Registrar of Deeds, when so requested in writing by the successor company concerned in
relation to any particular such property, right or obligation, shall cause the name of the successor
company to be substituted, free of charge, for that of the Corporation on the appropriate title deed
or other document or in the appropriate register.
(5) Any licence, permit or authority held by the Corporation under any enactment
immediately before the relevant transfer date shall continue in force on and after that date as if it
had been issued or granted to the appropriate successor company to which it was transferred, in
terms of subsection (3), and may be amended, renewed or terminated accordingly.
(6) Any cause of action or proceeding which existed or was pending by or against the
Corporation immediately before the relevant transfer date may be enforced or continued, as the
35
Subsection amended by s. 4 of Act 22/2001.
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