Companies Act, 1973 (Act No. 61 of 1973)

Chapter V: Share capital, Acquisition by Companies of own Shares, Shares, Allotment and Issue of Shares, Members and Register of Members, Debentures, Transfers, and Restrictions on Offering Shares for Sale

Members and registers of members

110. Where register of members to be kept
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1)Subject to the provisions of this section, the register of members of a company shall be kept at its registered office.

 

2)A company's register of members may be kept at any office of the company in the Republic where the work of making it up is done, instead of at the company's registered office, and where a company arranges with some other person (in this section referred to as "the agent") for the making up of its register of members to be undertaken on behalf of the company by the agent, the register may be kept at the office of the agent in the Republic at which the work is done instead of at an office of the company.

 

3)Any index of the names of the members of a company required to be kept in terms of section 106 shall at all times be kept at the same place where the register of members is kept, and where the company keeps a branch register under section 107 the duplicate of the branch register required by subsection (3) of section 108 to be kept at the company's registered office shall, notwithstanding anything in the said subsection contained, at all times be kept at the same place where the company's principal register is kept.

 

4)Any company the register of members of which is not kept at its registered office shall notify the Registrar in the prescribed form of the place where such register is kept and of any change in that place.

 

5)The provisions of this section relating to the register of members of a company and the provisions of this Act relating to the inspection or production of any such register or to the furnishing of copies of any such register or any part thereof, shall apply to any agent by whom any such register is kept on behalf of a company in the same manner as they apply to the company.