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

Chapter I: Application of Act

2. General application of Act and preservation of rights of existing companies
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1)Deleted by Proclamation No. 234 of 1978.

 

2)This Act shall apply to every company incorporated under this Act, every external company and, save as is otherwise provided herein, to every existing company.

 

3)Any reference in this Act, express or implied, to the date of incorporation of an existing company, shall be construed as a reference to the date on which such company was originally incorporated.

 

4)Nothing in this Act contained shall affect any right or privilege acquired or liability incurred by any existing company or external company, whether by agreement or otherwise, before the commencement of this Act, or affect the validity of the memorandum and articles of any such existing company or the memorandum of an external company in force, or deemed to be in force, at such commencement and not in conflict with the provisions of this Act: Provided that the preceding provisions of this subsection shall not apply in relation to a provision of this Act in so far as it is amended or affected by a provision of the Registration and Incorporation of Companies in South West Africa Proclamation, 1978, of the State President.

 

5)Those provisions of the articles of any existing company which should have been contained in a memorandum of association if the company had been formed under this Act, shall, for the purposes of this Act, be deemed to be or to be included in the memorandum of the company, and shall be subject in all respects to the provisions of this Act relating to a memorandum of association.

 

6)The provisions of section 335(5), (6) and (7) shall apply mutatis mutandis in relation to a company in respect of which a notice has been published in terms of section 31(2)(a) of the said Registration and Incorporation of Companies in South West Africa Proclamation, 1978, in the Gazette as if that company were an external company registered in the Republic on the date mentioned in such notice and the reference in those provisions to registers and documents included a reference to copies of registers and documents sent to the Registrar of Companies, Windhoek, in terms of section 31(1)(c) of that Proclamation.