Objects of act the objects of this act are, despite the criminal procedure act, 1977 act no. Under our operations manual for law reform, which sets out the work of the. Enterprises governance act, a body or trust that is owned or controlled by the government, when engaged in any procurement individually or in consortium. Companies amendment act 3 of 2011 act to provide for the incorporation, registration, organisation and management of companies, the capitalisation of profit companies, and the registration of offices of. Power to dispense with limited in name of charitable or other company. Amended by law of evidence amendment act 45 of 1988. Registration of shortened form of name or defensive name 50. Companies act 28 of 2004 companies administrative regulations, 2010 9. Namibia airports company airports company act, 1998 act no.
To provide for the incorporation, management and liquidation of companies. Administratorgeneral for state president territory for republic, except in sections 92, 1412a, 142, second provisio to section 1751 and section 314. Auditorgeneral has the meaning assigned in section i of the public audit act, 2004 act no. Transfer of environmental clearance certificate under section 41 of act 21. Repeal of namibia development corporation act, 1993 34.
Section 1 of the companies act defines a director as including any person occupying. Identification regulations were deemed to have been made under that act. Namibia of the company or association concerned will, on incorporation under section 25, be transferred in due form to vest in and be binding. Guidelines for corporate law reform may 2004, a policy document developed by. The registrar of companies automatically forwards a copy of the. Companies act 28 of 2004 act legal assistance centre. Companies arrangement of sections part i preliminary. Companies act 28 of 2004 legal assistance centrenamibia. Companies amendment act 9 of 2007 gg 3969 brought into force on 1. Amended by justice laws rationalisation act 18 of 1996.
The law reform and development commission of namibia at 25. Enacted by the parliament of zambia part i preliminaryprovisions 1. See chapter 3, article 21 of the constitution of the republic of namibia. For guidance, the developers looked to south african company law for the 21st century. Companies act 71 of 2008 english text signed by the president assented to. In terms of section 452 of the companies act, 2004 act no. Section 21 companies in existence before 1 november 2010 are deemed to comply with the requirements of. Technical insolvency means that the value of the liabilities of a company exceeds the value of the assets of the company. The namibian companies act, act 28 of 2004 the act contains a number of provisions that will directly impact all companies, directors and officers. A public company must have at least three directors. Short title and commencement schedule 1 schedule 2 chapter i interpretation, objects and application definitions 1. Most of the amendments made, however, relate to a modernisation of the act with wording amendments, from south west africa to namibia, to remove gender bias, to include namibian legislation. His specific focuses are on the law of contracts, labour law, company law, and corporate.
The namibian companies act 28 of 2004, amended 2011, contains a numberof provisions that will directly. This has led many commentators to draw attention to the differences between technical insolvency and commercial insolvency. The pkf worldwide tax guide 20 wwtg is an annual publication that provides an overview of the taxation and business regulation regimes of the worlds most significant trading countries. Signed by the president as amended by act to provide for. The impact of section 22 of the companies act on the. Deloitte namibia changes to the 2004 companies act made. This act may be cited as the companies act, 2017 and n.
Companies act, 2011 lesotho legal information institute. Membership shall be open to all practicing and retired educators in namibia who are in. Amendment of development bank of namibia act, 2002 35. Transparency, accountability and integrity of companies 23.
Guidelines for corporate law reform may 2004, a policy document developed by the department of trade and industry the dti. Transnamib holdings limited national transport services holding company act, 1998 act no. Companies amendment act 59 of 1978 companies amendment act 3 of 1989 general note. The officewill be open to the public from mondays to fridays from 09. Please refer to schedule 5 of the new companies act, no.
As such, it is intended to provide the reader or hisher entity with general information of interest. Legal practitioners act, 15 of 1995, as amended amended rules of the law society of namibia annotation to legal practitioners act and rules of the law society supreme court rules 25 august 2017 supreme court. Section 22 of the new companies act 2008 prohibits a company from trading under insolvent circumstances. The following act which has been passed by the parliament and signed by the president in terms of the namibian constitution is hereby published in terms of article 56 of that constitution. Agricultural bank of namibia act, 2003 agricultural bank of namibia amendment act, 2004 agronomic industry act animal health act, 2011 act no. Section 25 in the companies act, 1956 indian kanoon. Act to consolidate and amend the law relating to companies. The articles of table a contained in schedule 1 to the companies act, 2004. Civil proceedings evidence act 25 of 1965 south african. Most of the amendments made, however, relate to a modernisation of the act with wording amendments.
Short title and commencement be it enacted as passed by the parliament, and assented. The namibian companies act 28 of 2004, amended 2011, contains a numberof provisions that will directly impact all companies, directors and officers. Shareholders must approve the companys remuneration policy. In terms of section 1122 of the companies act, a company may not dispose of all or the greater part of its assets or undertaking disposal unless the disposal was approved by a special resolution of shareholders, in accordance with section 115 of the companies act, and the company has satisfied all other requirements set out in section 115, where applicable. Amended by transfer of powers and duties of the state president act 97 of 1986. Companies act 28 of 2004 gg 3362 brought into force on. Incorporation of companies and matters incidental thereto 3. Short title and commencement be it enacted as passed by the parliament, and assented by the president, of the republic of namibia as follows. Deloitte namibia changes to the 2004 companies act made in 2011.
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