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

Schedule 2 : Common Powers of Companies

 

 

Included in the powers of every company as laid down by section 34 of the Act, and subject to the provisions of the Act, the memorandum and articles of the company, are the following common powers:

a) To purchase or acquire in any way stock-in-trade, plant, machinery, land, buildings, agencies, shares, debentures and every other kind or description of movable and immovable property;
b) to manage, insure, sell, lease, mortgage, dispose of, give in exchange, work, develop, build on, improve, turn to account or in any way otherwise deal with its undertaking or all or any part of its property and assets;
c) to apply for, purchase or by any other means acquire, protect, prolong and renew any patents, patent rights, licences, trade marks, concessions or other rights and to deal with and alienate them as provided in paragraph (b);
d) to borrow money;
e) to secure the payment of moneys borrowed in any manner including the mortgaging and pledging of property and, without detracting from the generality thereof, in particular by the issue of any kind of debenture or debenture stock, with or without security;
f) to lend money to any person or company;
g) to invest money in any manner;
h) to open and operate banking accounts and to overdraw such accounts;
i) to make, draw, issue, execute, accept, endorse and discount promissory notes, bills of exchange and any other kind of negotiable or transferable instruments;
j) to enter into indemnities, guarantees and suretyships and to secure payment thereunder in any way;
k) to form and have an interest in any company or companies for the purpose of acquiring the undertaking or all or any of the assets or liabilities of the company or for any other purpose which may seem, directly or indirectly, calculated to benefit the company, and to transfer to any such company or companies the undertaking or all or any of the assets or liabilities of the company;
l) to amalgamate with other companies;
m) to take part in the management, supervision and control of the business or operation of any other company or business and to enter into partnerships;
n) to remunerate any person or persons, either in cash or by the allotment of shares (credited as fully paid-up), for services rendered in its formation or in the development of its business;
o) to make donations;
p) to undertake and execute any trust;
q) to act as principals, agents, contractors or trustees;
r) to pay gratuities and pensions and establish pension schemes, profit-sharing plans and other incentive schemes in respect of its directors, officers and employees;
s) to distribute in specie or in kind any of its assets among its members;
t) to enter into contracts outside the Republic and to execute any contracts, deeds and documents in any foreign country; and
u) to have a seal and to use such seal for any purpose in the Republic or in any foreign country.