Indigenisation and Economic Empowerment Act updated May 2011
unit holder may surrender to the Board the certificate or certificates to be exchange and shall
pay to the Board all moneys payable hereunder in respect of the issue of the new certificate or
certificates.
26.2 Where any certificate becomes mutilated or defaced, the Board in its discretion may
issue to the unit holder, against surrender to the Board of the mutilated or defaced certificate, a
new certificate representing the same aggregate number of units.
26.3 Where any certificate is lost, stolen or destroyed, the Board may in its discretion issue
to the unit holder a new certificate in lie thereof.
26.4 No such new certificate shall be issued unless the applicant has provided the
following:
26.4.1
furnished to the managers and the Board evidence satisfactory to them of
the mutilation, defacement, loss, theft or destruction of the original
certificate;
26.4.2
paid all expenses incurred in connection with the investigation of the facts;
26.4.3
in the case of defacement or mutilation, produced and surrendered to the
Board the defaced or mutilated certificate;
26.4.4
if so required by the managers or the Board furnished to the managers or
the Board such indemnity as the managers or the Board may require.
Neither the managers nor the Board shall incur any liability for any action
which they may take in good faith under the provisions of this subparagraph.
Registration of holders
27.1 A register of the unit holders shall be kept, subject to the control of the Board, by the
managers who shall enter in the register :
27.1.1
the names and addresses of the unit holders;
27.1.2
the number of units held by every such person and the distinctive number
of the certificate or certificates;
27.1.3
the date on which the name of every such person was entered in respect of
the units standing in his or her name.
27.2 Any unit holder shall immediately notify the Board of any change of name or address
on his or her part and once the Board is satisfied thereof, and on compliance with such
formalities as they may require, it shall alter the register or cause it to be altered accordingly.
27.3 The register shall (subject to such reasonable restrictions as the managers may
impose) be open during business hours to the inspection of any unit holder without charge.
27.4 The register may be closed at such times and for such periods as the managers may,
with the approval of the Board, determine provided that it shall not be closed for more than 30
days in any one year, and if the managers decide to close the register, they shall at their expense
give notice by advertisement in a widely circulated newspaper published in Zimbabwe.
27.5 No notice of any trust or interest, express, implied or constructive shall be entered on
the register in respect of any unit.
27.6 Upon the re-sale of any units which are not cancelled in terms of paragraph 19, the
Board shall enter the name of the purchaser in the register as the unit holder thereof and shall
issue a certificate therefor in his or her favour.
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