(7) If default is made in complying with this section 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 and for the purposes of this
section any person with whom the company makes an arrangement in terms of paragraph (b ) of the proviso to
subsection (2) shall be deemed to be an officer of the company and liable accordingly.
[Section as amended by Act No. 22 of 2001]
116 Inspection of register and index
(1 ) Except where the register of members is closed under this Act, the register and index of the names of the
members of a company shall during business hours, subject to such reasonable restrictions as the company in
general meeting may impose, so that not less than two hours in each day be allowed for inspection, be open to the
inspection of any member without charge and of any other person on payment of twenty-five cents per hour or
part of an hour, or such less sum as the company may prescribe, for each inspection.
(2 ) Any member may require a copy of the register, or of any part thereof, on payment of twenty cents or
such less sum a s the company may prescribe, for every hundred words or fractional part thereof required to be
copied.
The company shall cause any copy so required by any member to be sent to such member within a period of
twenty-one days commencing on the day next after the day on which the requirement is received by the company.
(3 ) If any inspection required under this section is refused or if any copy required under this section is not
sent within the proper period, the company and every officer of the company who is in default shall be guilty of an
offence and liable in respect of each offence to a default fine not exceeding level two and the court, including the
court so convicting, may by order compel an immediate inspection of the register and index or direct that the
copies required shall, subject to payment of the appropriate sum, be sent to persons requiring them.
[Section as amended by Act No. 22 of 2001]
117 Power to close register
(1 ) A company may by resolution of its directors close the register of members at any time for a period not
exceed ing thirty days, so, however, that the number of days on which the register is closed shall not exceed sixty
in any year
(2 ) Every person to whom inspection of the register of members is refused on the ground that the register is
closed under subsection (1) shall be entitled to require a written certificate from the company stating the period
during which the register is so closed.
(3 ) If default is made in complying with the request for a certificate referred to in subsection (2) 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.
[Section as amended by Act No. 22 of 2001]
118 Power of court to rectify register
(1 ) If—
(a ) the name of any person is, without sufficient cause, entered in or omitted from the register of members
of a company; or
(b ) default is made or unnecessary delay takes place in entering on the register the fact of any person having
ceased to be a member;
the person aggrieved or any member of the company or the company may apply to the court for rectification of the
register.
(2 ) Where an application is made under this section, the court may either refuse the application or may order
rectification of the register and payment by the company of any damages sustained by any party aggrieved.
(3 ) On an application under this section the court may decide any question relating to the title of any person
who is a party to the application to have his name entered in or omitted from the register, whether the question
arises between members or alleged members or between members or alleged members on the one hand and the
company on the other hand, and generally may decide any question necessary or expedient to be decided for
rectification of the register.
(4 ) The court, when making an order for rectification of the register, shall by its order direct notice of the rectification to be given to the Registrar.
119 Trusts in respect of shares
(1 ) A company may in its discretion enter in its register the fact that any share is held in trust.
(2 ) There shall be no obligation on any company—
(a ) to verify the legal status of any trust or of any trustee who is registered as a member;
(b ) to see to the due and proper carrying out of any trust, whether express, implied or constructive, in respect of any share.
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