Companies Act, 2008 (Act No. 71 of 2008)

Chapter 4 : Public Offerings of Company Securities

103. Variation of agreement mentioned in prospectus

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(1)Subject to subsection (2), within one year after the date of filing a prospectus, a company must not vary or agree to vary any material terms of an agreement referred to in the prospectus, other than in the ordinary course of business.

 

(2)A variation in the terms of an agreement, as contemplated in subsection (1), may be made or agreed by a company only if—
(a)the variation was contemplated and set out in the prospectus; or
(b)the specific terms of the variation are authorised or ratified by an ordinary resolution adopted at a general shareholders meeting.