| (a) |
establish or cause to be established a register of its issued securities in the prescribed form; and |
| (b) |
maintain its securities register in accordance with the prescribed standards. |
| (2) |
As soon as practicable after issuing any securities a company must enter or cause to be entered in its securities register, in respect of every class of securities that it has issued— |
| (a) |
the total number of those securities that are held in uncertificated form; and |
| (b) |
with respect to certificated securities— |
| (i) |
the names and addresses of the persons to whom the securities were issued; |
| (ii) |
the number of securities issued to each of them; |
| (iii) |
the number of, and prescribed circumstances relating to, any securities— |
| (aa) |
that have been placed in trust as contemplated in section 40(6)(d); or |
| (bb) |
whose transfer has been restricted; |
| (iv) |
in the case of securities contemplated in section 43 — |
| (aa) |
the number of those securities issued and outstanding; and |
| (bb) |
the names and addresses of the registered owner of the security and any holders of a beneficial interest in the security; and |
| (v) |
any other prescribed information. |
| (a) |
forms part of that company’s securities register; and |
| (b) |
must contain, with respect to all securities contemplated in this subsection, any details— |
| (i) |
referred to in subsection (2)(b), read with the changes required by the context; or |
| (ii) |
determined by the rules of the central securities depository. |
(3A)
| (a) |
A company that does not fall within the meaning of an ‘affected company’ must record in its securities register prescribed information regarding the natural persons who are the beneficial owners of the company, in the prescribed form, and must ensure that this information is updated within the prescribed period after any changes in beneficial ownership have occurred. |
| (b) |
The prescribed requirements referred to in paragraph (a) must be prescribed after consultation with the Minister of Finance and the Financial Intelligence Centre, established by section 2 of the Financial Intelligence Centre Act, 2001 (Act No. 38 of 2001). |
[Section 50(3A) inserted by section 57 of the General Laws (Anti-Money Laundering and Combating Terrorism Financing) Amendment Act, 2022 (Act No. 22 of 2022), GG47802, dated 29 December 2022 - effective 1 April 2023 per Proclamation Notice 109(b)(i), GG47805, dated 31 December 2022]
| (4) |
A securities register, or an uncertificated securities register, maintained in accordance with this Act is sufficient proof of the facts recorded in it, in the absence of evidence to the contrary. |
| (5) |
Unless all the shares of a company rank equally for all purposes, the company’s shares, or each class of shares, and any other securities, must be distinguished by an appropriate numbering system. |
Statistics Act, 1999
