Special Investigating Units and Special Tribunals Act, 1996
R 385
Companies Act, 1973 (Act No. 61 of 1973)Chapter IXA: Secretary for Public Companies268I. Notice to be given of Resignation or Removal of Secretary |
| 1) | When during any financial year the secretary of a company resigns, or is removed from office, the company shall in the prescribed form notify the Registrar thereof within 21 days of such resignation or removal. |
| 2) | If the secretary is removed the secretary may require the company, in its annual financial statements relating to that financial year, to include a statement, not exceeding a reasonable length, setting out the secretary's contention as to the circumstances that resulted in the removal. |
| 3) | If the secretary wishes to exercise the power referred to in subsection (2), the secretary shall give written notice to that effect to the company by not later than the end of the financial year in which the removal took place and such notice shall include the statement referred to in subsection (2). |
| 4) | The statement of the secretary referred to in subsection (2) shall be included in the directors' report in the company's annual financial statements and if no directors' report is required in respect of the company's annual financial statements, it shall be included under a separate heading in the company's annual financial statements. |
| 5) | A company and its directors who knowingly fail to comply with the provisions of this section, shall be guilty of an offence. |
