Companies Act, 2008 (Act No. 71 of 2008)Chapter 4 : Public Offerings of Company Securities102. Consent to use of name in prospectus |
| (1) | In any prospectus relating to securities of a company a person must not— |
| (a) | name a second person as a director or proposed director of that company unless, before the registration of that prospectus— |
| (i) | in the case of a company incorporated in the Republic, the second person consented in writing to act as a director before the prospectus was filed, and has not withdrawn the consent; and |
| (ii) | the prescribed return reflecting the relevant particulars in regard to that second person has been filed; or |
| (b) | include any statement made by an expert, or reference to any statement purporting to be made by an expert, unless— |
| (i) | the expert consented in writing to the use of that statement before the prospectus was filed, and has not withdrawn the consent; |
| (ii) | the written consent is endorsed on or attached to the copy of the filed prospectus; and |
| (iii) | the prospectus includes a statement that the expert has consented to the use of the statement and has not withdrawn that consent. |
| (2) | A prospectus must not name any person as the auditor, attorney, banker or broker of a company, unless it is accompanied by the written consent of the named person, agreeing to— |
| (a) | be named to act in the stated capacity; and |
| (b) | the use of that person’s name in the prospectus. |